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  5. 723 N.E.2d 223 (1999)
 

PEOPLE v. TELLEZ-VALENCIA

Nos. 85524, 85532.

723 N.E.2d 223 (1999)

188 Ill.2d 523

243 Ill.Dec. 191

The PEOPLE of the State of Illinois, Appellant, v. Gomecindo TELLEZ-VALENCIA, Appellee. The People of the State of Illinois, Appellee, v. Robbie J. Moore, Appellant.

Supreme Court of Illinois.

Rehearing Denied January 31, 2000.

Attorney(s) appearing for the Case

Richard S. London, Staff Atty., State's Atty. Appellate Prosecutor, Elgin, Lisa Anne Hoffman, Asst. Atty. Gen., Chicago, State's Attorney Lake County, for the People in No. 85524.

Barbara R. Paschen, Asst. State Appellate Defender, Elgin, for Gomecindo Tellez-Valencia in No. 85524.

Lawrence J. Essig, Asst. State Appellate Defender, Springfield, for Robbie J. Moore in No. 85532.

Lisa Anne Hoffman, Asst. Atty. Gen., Chicago, State's Atty. Vermilion County, Danville, State's Attys. App. Pros., Springfield, for the People in No. 85532.

Justice HEIPLE delivered the opinion of the court:

Both defendants in this consolidated appeal were convicted of predatory criminal sexual assault of a child. While defendants' respective appeals were pending, this court invalidated Public Act 89-428, which created this offense. Subsequently, in case No. 85524, the appellate court reversed defendant Gomecindo Tellez-Valencia's conviction, holding that the State could not amend the charging instrument on appeal.

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