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PEOPLE v. NELSON

No. 88186.

737 N.E.2d 632 (2000)

193 Ill.2d 216

250 Ill.Dec. 10

The PEOPLE of the State of Illinois, Appellee, v. Tracy Gene NELSON, Appellant.

Supreme Court of Illinois.

September 21, 2000.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, and John M. McCarthy, Assistant Defender, of the Office of the State Appellate Defender, Springfield, for appellant.

James E. Ryan, Attorney General, of Springfield (Joel Bertocchi, Solicitor General, and William L. Browers and Kendall R. Mills, Assistant Attorneys General, of Chicago, of counsel), for the People.

Justice HEIPLE delivered the opinion of the court:

On April 23, 1997, defendant Tracy Nelson was tried before a jury in the circuit court of Vermilion County on two counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(2), (a)(4) (West 1996)) and two counts of home invasion (720 ILCS 5/12-11(a)(1), (a)(2) (West 1996)). Following a mistrial entered on motion of defendant, he was again tried on January 20, 1998, and was found guilty on all four counts. For...

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