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PEOPLE v. MOULTON

No. 3-95-0787.

668 N.E.2d 1078 (1996)

282 Ill. App.3d 102

218 Ill.Dec. 246

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

Appellate Court of Illinois, Third District.

July 16, 1996.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, William Poncin, State's Attorney, Macomb, Rita Kennedy Mertel (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, Robert P. Nolan (argued), DeKalb, for Richard Moulton.

Richard Moulton, Macomb, pro se.

Justice SLATER delivered the opinion of the court:

Defendant Richard Moulton was charged with home invasion (720 ILCS 5/12-11 (West 1994)), aggravated battery (720 ILCS 5/12-4(a) (West 1994)) and attempted criminal sexual assault (720 ILCS 5/8-4; 5/12-13(a)(1) (West 1994)). Defendant's motion to dismiss the home invasion charge was granted on the basis that it failed to state an offense. See 725 ILCS 5/114-1(a)(8) (West 1994). The State appeals, contending that the...

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