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PEOPLE v. KOLTON

No. 1-02-0767.

806 N.E.2d 1175 (2004)

347 Ill. App.3d 142

282 Ill.Dec. 587

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marian KOLTON, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

March 11, 2004.

Attorney(s) appearing for the Case

Thomas M. Breen & Associates, Chicago (Thomas M. Breen, Todd S. Pugh and Gina T. Marotta, of counsel), for Appellant.

Richard A. Devine, State's Attorney, County of Cook, Chicago (Renee Goldfarb, James Fitzgerald and Eve Reilly, of counsel), for Appellee.

Justice HARTMAN delivered the opinion of the court:

Having been charged with predatory criminal sexual assault, following a bench trial, defendant Marian Kolton was found guilty of a lesser-included offense, aggravated criminal sexual abuse. He was sentenced to 90 days' imprisonment and four years' probation. On appeal, defendant questions whether the circuit court erred in (1) finding him guilty of an uncharged offense, (2) prohibiting him from questioning the complainant...

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