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PEOPLE v. LOPEZ

No. 2-00-0747.

766 N.E.2d 329 (2002)

328 Ill. App.3d 563

262 Ill.Dec. 709

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Ismael LOPEZ, Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 21, 2002.

Attorney(s) appearing for the Case

Joseph E. Birkett, DuPage County State's Attorney, Margaret M. Healy, Assistant State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Cynthia N. Schneider, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, and Dev A. Parikh (Court-appointed), Office of the State Appellate Defender, Elgin, for Ismael Lopez.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Ismael Lopez, was charged under section 12-16(c)(1)(i) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/12-16(c)(1)(i) (West 1998)) with aggravated criminal sexual abuse. Specifically, the indictment alleged that defendant "knowingly fondled the vaginal area of [B.B.] for the purpose of the sexual arousal of the defendant." On defendant's motion, the trial court ordered the State to produce B...

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