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PEOPLE v. MATTHEWS

No. 5-96-0554.

710 N.E.2d 524 (1999)

304 Ill. App.3d 415

237 Ill.Dec. 894

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Barry MATTHEWS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 27, 1999.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Janet Gandy Fowler, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

James Overholt, State's Atty., Vandalia, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Heath H. Hooks, Staff Atty., Office of the State's Attys. Appellant Prosecutor, Mt. Vernon, for Appellee.

Justice HOPKINS delivered the opinion of the court:

The defendant, Barry Matthews, was convicted by a six-person jury of aggravated criminal sexual assault and was sentenced to 20 years' imprisonment. On appeal, defendant raises the issues of whether he made a valid waiver of a 12-person jury and whether the sentence was an abuse of the trial court's discretion. Due to our disposition of this appeal, only the first issue will be discussed.

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