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PEOPLE v. HOLMES

No. 1-06-1601.

890 N.E.2d 1045 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Andre HOLMES, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

June 18, 2008.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney, James E. Fitzgerald, Mary L. Boland, Jessica Pipersburgh, Assistant State's Attorney, Chicago, IL, for Plaintiff-Appellant.

Edwin A. Burnette, Public Defender, Eileen T. Pahl, Assistant Public Defender, Chicago, IL, for Defendant-Appellee.

Justice THEIS delivered the opinion of the court:

The State appeals from the denial of its motion to reconsider an order excluding evidence of defendant's prior convictions in a sexual assault case.1 The State argues that (1) the trial court erred as a matter of law because it concluded that the prior convictions were per se inadmissible to show propensity, in contravention of section 115-7.3 of the Code of Criminal Procedure of...

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