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PEOPLE v. TELLEZ-VALENCIA

No. 2-97-0853.

692 N.E.2d 407 (1998)

295 Ill. App.3d 122

229 Ill.Dec. 634

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gomecindo TELLEZ-VALENCIA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 17, 1998.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Barbara R. Paschen, Office of the State Appellate Defender, Elgin, for Gomecindo Tellez-Valencia.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Richard S. London, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

The defendant, Gomecindo Tellez-Valencia, seeks a summary reversal of his conviction of two counts of predatory criminal sexual assault of a child as enacted by Public Act 89-428. Pub. Act 89-428, art. 2, § 260, eff. December 13, 1995 (codified in pertinent part at 720 ILCS 5/12-14.1 (West 1996)). Our supreme court declared Public Act 89-428 unconstitutional as violative of the single subject rule. Johnson...

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