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PEOPLE v. STARKS

No. 2-04-0671.

850 N.E.2d 206 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bennie STARKS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied July 14, 2006.

Attorney(s) appearing for the Case

Vanessa Potkin, Barry C. Scheck, The Innocence Project, New York, NY, Jack P. Rimland, Law Office of Jack P. Rimland, Chicago, for Bennie Starks.

Michael J. Waller, Lake County State's Attorney, Michael G. Mermel, Assistant State's Attorney of Lake County, Waukegan, Martin P. Moltz, Deputy Director, Joan M. Kripke, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, Bennie Starks, appeals from an order of the trial court denying his motion for a new trial on his convictions of one count of aggravated criminal sexual assault (Ill.Rev.Stat.1985, ch. 38, pars.12-14(a)(2), (a)(5) (now 720 ILCS 5/12-14(a)(2), (a)(5) (West 2004))) and one count of attempted aggravated criminal sexual assault (Ill.Rev.Stat.1985, ch. 38, par. 8-4(a) (now 720 ILCS 5/8-4(a) (West 2004))). On...

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