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PEOPLE v. WHITTEN

No. 5-92-0632.

647 N.E.2d 1062 (1995)

269 Ill.App.3d 1037

207 Ill.Dec. 569

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard J. WHITTEN, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

March 8, 1995.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, E. Joyce Randolph, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for appellant.

Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Scott A. Manuel, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for appellee.

Justice WILLIAM A. LEWIS delivered the opinion of the court:

Defendant, Richard J. Whitten, appeals from his conviction for criminal sexual assault. Following a jury trial, the court sentenced defendant to four years' incarceration. On appeal, defendant raises the following issues: (1) that the State failed to prove that the victim was unable to give knowing consent, (2) that one of his convictions for criminal sexual assault must be vacated under the "one act, one...

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