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PEOPLE v. LOFTON

No. 2-97-0398.

708 N.E.2d 569 (1999)

303 Ill. App.3d 501

236 Ill.Dec. 983

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony W. LOFTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 16, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Kim D. Campbell (Court-appointed), Office of the State Appellate Defender, Elgin, for Anthony W. Lofton.

David R. Akemann, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Richard S. London, State's Attorneys Appellate Prosecutor, Elgin, Jerome P. Genova, Calumet City, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant appeals from his convictions of two counts of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(I) (West 1996)). We reverse and remand.

Defendant was tried before a jury for allegedly placing his finger in and on the vagina of M.D.H., who was at the time five years old. The jury returned findings of guilty on both counts, and the court...

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