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PEOPLE v. WALTER

No. 2-02-1359.

810 N.E.2d 626 (2004)

349 Ill.App.3d 142

284 Ill.Dec. 836

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel G. WALTER, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 26, 2004.

Attorney(s) appearing for the Case

Phyllis J. Perko, Law Offices of Harlovic & Perko, West Dundee, for Daniel G. Walter, Jr.

Gary W. Pack, McHenry County State's Attorney, Woodstock, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Lawrence M. Bauer, Deputy Director, Sabrina S. Henry, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, Daniel Walter, Jr., was charged with three counts of attempt (aggravated criminal sexual abuse) (720 ILCS 5/8-4(a), 12-16(d) (West 1998)). Following a bench trial, defendant was convicted of one count of the offense and sentenced to probation. Defendant now appeals from his conviction. We reverse.

In April 1999, defendant, aged 24, began exchanging e-mails with Rachel K. of Harvard, Illinois. Rachel...

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