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PEOPLE v. STEWART

No. 4-97-0852.

708 N.E.2d 1241 (1999)

303 Ill. App.3d 844

237 Ill.Dec. 201

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard E. STEWART, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), John M. McCarthy (argued), Catherine K. Hart, Asst. Defender, Dino Hyssen, 711 Sr. Law Student, Office of State Appellate Defender, Springfield, for Richard Stewart.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Atty. (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Presiding Justice KNECHT delivered the opinion of the court:

On July 17, 1997, a Champaign County jury convicted defendant, Richard E. Stewart, of two counts of predatory sexual assault of a child under the age of 13 (720 ILCS 5/12-14.1(a)(1) (West 1996)). In August 1997, the court sentenced defendant to two concurrent 18-year prison terms, granted him 169 days' credit, and applied the truth-in-sentencing provision, ordering him to serve 85% of his prison term (see...

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