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PEOPLE v. DUNNAVAN

No. 2-06-0518.

886 N.E.2d 393 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David D. DUNNAVAN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 26, 2008.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, and Kim M. DeWitt (Court-appointed), Office of the State Appellate Defender, Elgin, for David D. Dunnavan.

James P. Hursh, Boone County State's Attorney, Belvidere, Lawrence M. Bauer, Deputy Director, David A. Bernhard, State's Attorney Appellate Prosecutor, Elgin, for the People.

Justice O'MALLEY delivered the opinion of the court:

Defendant, David D. Dunnavan, appeals his conviction of child pornography (720 ILCS 5/11-20.1(a)(1)(iv) (West 2002)), contending that it is barred by the principle of double jeopardy. Defendant argues that his prior conviction in New Mexico of sexual exploitation of children (possession of child pornography) (N.M.Stat.Ann. § 30-6A-3(A) (Lexis Nexis 2007)) constitutes the same conduct and is also a lesser-included...

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