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PEOPLE v. WELTY

No. 2-94-0180.

655 N.E.2d 315 (1995)

275 Ill.App.3d 10

211 Ill.Dec. 412

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Merlin WELTY, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 11, 1995.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Barbara R. Paschen, Office of the State Appellate Defender, Elgin, Merlin L. Welty, Jr., Perryville, MO, for appellant.

Michael J. Waller, Lake County State's Attorney, Waukegan, William L. Browers, Deputy Director, Martin P. Moltz, State's Attorney Appellate Prosecutor, Elgin, for People.

Justice INGLIS delivered the opinion of the court:

Following a bench trial which ended on February 9, 1993, defendant, Merlin Welty, Jr., was convicted of three counts of aggravated criminal sexual abuse (Ill.Rev.Stat. 1989, ch. 38, par. 12-16(c)(1)(i) (now 720 ILCS 5/12-16(c)(1)(i) (West 1992))). On April 2, 1993, the trial court sentenced defendant to 48 months' probation conditioned on serving 12 months' periodic imprisonment, during which time he was initially...

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