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PEOPLE v. MILKA

No. 95740.

810 N.E.2d 33 (2004)

211 Ill.2d 150

284 Ill.Dec. 380

The PEOPLE of the State of Illinois, Appellee, v. Edward A. MILKA, Appellant.

Supreme Court of Illinois.

Rehearing Denied May 24, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien, Assistant Defender, of the Office of the State Appellate Defender, Elgin, and Stephen M. Komie, Chicago, for appellant.

Lisa M. Madigan, Attorney General, Springfield, and Gary W. Pack, State's Attorney, Woodstock (Norbert J. Goetten, Martin P. Moltz and Cynthia N. Schneider, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Chief Justice McMORROW delivered the opinion of the court:

A grand jury indicted the defendant, Edward Milka, on five counts, including one count of predatory criminal sexual assault of a child and one count of felony murder predicated on predatory criminal sexual assault of a child. During defendant's jury trial, after the State had presented its case in chief, the prosecutor nol-prossed the charge of predatory criminal sexual assault of a child. The trial continued...

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