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PEOPLE v. KOLTON

No. 99221.

848 N.E.2d 950 (2006)

219 Ill.2d 353

302 Ill.Dec. 386

The PEOPLE of the State of Illinois, Appellee, v. Marian KOLTON, Appellant.

Supreme Court of Illinois.

Rehearing Denied May 22, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Paul Rathburn, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellant, and Marian Kolton, Ullin, appellant pro se.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Linda D. Woloshin, Assistant Attorney General, Chicago, James E. Fitzgerald, Annette Collins, Veronica Calderon Malavia and Eve Reilly, Assistant State's Attorneys, of counsel), for the People.

Justice McMORROW delivered the judgment of the court, with opinion:

On May 23, 2000, defendant Marian Kolton was charged in a single count indictment with predatory criminal sexual assault of a child in violation of section 14.1(a)(1) of the Criminal Code of 1961 (720 ILCS 5/12-14.1(a)(1) (West 2000)). The indictment alleged:

"defendant was 17 years of age or older and committed an act of sexual penetration upon [C.S.], to wit: an intrusion of Marian Kolton...

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