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PEOPLE v. SMITH

No. 2-03-0325.

818 N.E.2d 419 (2004)

353 Ill. App.3d 236

288 Ill.Dec. 731

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward SMITH, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 5, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Edward Smith, Jr.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, John R. Roe, Chicago, for the People.

Justice BYRNE delivered the opinion of the court:

Following a bench trial, defendant, Edward Smith, Jr., was found guilty of eight counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a) (West 2000)), eight counts of criminal sexual assault (720 ILCS 5/12-13(a) (West 2000)), one count of aggravated domestic battery (720 ILCS 5/12-3.3 (West 2000)), two counts of aggravated battery (720 ILCS 5/12-4(a) (West 2000)), one count of unlawful restraint (720 ILCS...

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