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PEOPLE v. SANTOS

No. 2-00-1301.

774 N.E.2d 473 (2002)

333 Ill. App.3d 1

266 Ill.Dec. 367

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James K. SANTOS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 7, 2002.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Kathleen J. Hamill (Court-appointed), Office of the State Appellate Defender, Elgin, for James K. Santos.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, John X. Breslin, Deputy Director, Dawn D. Duffy, State's Attorney Appellate Prosecutor, Ottawa, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, James K. Santos, appeals his conviction of the offense of aggravated criminal sexual abuse in that he, over 17 years of age, penetrated the vagina of the victim, T.K., at least age 13 but less than 17 years old, with his penis, and he was at least 5 years older than the victim. 720 ILCS 5/12-16(c) (West 1998). We reverse and remand.

The charges against defendant arise from an incident that occurred...

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