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PEOPLE v. BEARD

No. 4-03-0910.

825 N.E.2d 353 (2005)

356 Ill. App.3d 236

292 Ill.Dec. 97

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

Appellate Court of Illinois, Fourth District.

March 16, 2005.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Nancy L. Vincent, both of State Appellate Defender's Office, of Springfield, for appellant.

William A. Yoder, State's Attorney, of Bloomington (Norbert J. Goetten, Robert J. Biderman, and David E. Mannchen, all of State's Attorneys Appellate Prosecutors's Office, of counsel), for the People.

Justice KNECHT delivered the opinion of the court:

After a May 2003 jury trial defendant, Donald E. Beard, Jr., was convicted of one count of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(2) (West 2002)), and in September 2003, the trial court sentenced him to a 20-year prison term. He appeals, arguing (1) the prosecutor argued facts not in evidence in closing argument, (2) the trial court erred in denying his motion for new trial based on newly discovered...

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