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PEOPLE v. McGEE

No. 3-00-0670.

761 N.E.2d 741 (2001)

326 Ill. App.3d 165

260 Ill.Dec. 558

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derrick M. McGEE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

As Modified Upon Denial of Rehearing December 3, 2001.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Ottawa, Rachel Hess, Geneva, for Derrick M. McGee.

John X. Breslin, Deputy Director, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, Jeff Tomczak, Will County State's Attorney, Joliet, for the People.

MODIFIED UPON DENIAL OF REHEARING

Presiding Justice HOMER delivered the opinion of the court:

The defendant Derrick M. McGee was convicted by a jury of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(2) (West 1998)), aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) (West 1998)), and aggravated battery (720 ILCS 5/12-4(a) (West 1998)). Defendant was sentenced to a total of 32 years' imprisonment. On appeal, the defendant argues that: (1) the...

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