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PEOPLE v. MILLER

No. 5-98-0434.

725 N.E.2d 48 (2000)

311 Ill. App.3d 772

244 Ill.Dec. 253

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gary W. MILLER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

February 15, 2000.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Paige Clark Strawn, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

James Creason, State's Attorney, Salem, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharee S. Langenstein, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice HOPKINS delivered the opinion of the court:

Defendant appeals from his conviction of the offense of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 1996)). Defendant contends that his right to a fair trial was violated (1) when the trial judge read a transcript of the complaining witness's testimony to the jury during deliberations and (2) when the court admitted a highly prejudicial and irrelevant statement made by defendant....

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