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PEOPLE v. SHAW

No. 4-02-1011.

815 N.E.2d 469 (2004)

351 Ill. App.3d 1087

278 Ill.Dec. 66

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Donald E. SHAW, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied October 1, 2004.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Martin J. Ryan, Assistant Defender, Office of the State Appellate Defender, Springfield, for Donald E. Shaw.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Charles F. Mansfield, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In March 2002, defendant, Donald E. Shaw, pleaded guilty to criminal sexual assault (720 ILCS 5/12-13(a)(3) (West 2000)). In exchange for his plea, the State agreed to dismiss other charges but made no agreement with defendant regarding what sentence the trial court would impose. In April 2002, the court sentenced him to seven years in prison.

Defendant appeals, arguing that the trial court (1) erred by...

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