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PEOPLE v. LEARN

No. 2-04-1169.

863 N.E.2d 1173 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James E. LEARN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 2, 2007.

Attorney(s) appearing for the Case

Gil M. Soffer, Allen B. Gutterman, Katten, Muchin, Zavis & Rosenman, Chicago, for James Learn.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, James E. Learn, was convicted after a bench trial of one count of aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(1)(i) (West 2002)) and was sentenced to a term of probation and periodic imprisonment. Defendant's motion for a new trial and/or to reconsider the finding of guilt was denied, and this appeal followed. We reverse and remand for a new trial.

In February 2004, defendant was indicted...

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