PEOPLE v. LEWIS

No. 2-97-0983.

712 N.E.2d 401 (1999)

305 Ill. App.3d 665

238 Ill.Dec. 679

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stephen E. LEWIS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 16, 1999.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill (Court-appointed), Office of the State Appellate Defender, Elgin, for Stephen E. Lewis.

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


Justice McLAREN delivered the opinion of the court:

The defendant, Stephen E. Lewis, appeals his conviction of child pornography (720 ILCS 5/11-20.1(a)(1)(vii) (West 1994)) and sentence of five years' imprisonment. We reverse.

The State charged the defendant with two counts of child pornography, alleging that between June 13 and October 21, 1995, the defendant (1) "knowingly photographed [J.T.], a child who he knew was under the age of 18 years, while she...

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