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PEOPLE v. HARBACH

No. 2-96-1361.

698 N.E.2d 281 (1998)

298 Ill. App.3d 111

232 Ill.Dec. 443

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. DeWayne V. HARBACH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 31, 1998.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court appointed), Office of the State Appellate Defender, Elgin, John D. Kightlinger (Court appointed), Inverness, for DeWayne V. Habach.

Daniel A. Fish, Lee County State's Atty., Dixon, Martin P. Moltz, Deputy Director, Sharon M. Neal, State's Attys. Appellate Prosecutor, Elgin, for People.

Justice INGLIS delivered the opinion of the court:

Following a trial in the circuit court of Lee County, a jury found defendant, DeWayne V. Harbach, guilty of aggravated criminal sexual abuse (720 ILCS 5/12-16(d) (West 1996)). Defendant appeals his conviction and contends that the trial court erred when it denied his motion to suppress inculpatory statements that he purportedly made while in custody prior to the trial. We agree and reverse and remand.

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