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PEOPLE v. LUCAS

No. 2-07-1216.

904 N.E.2d 124 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Matthew LUCAS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 19, 2009.

Attorney(s) appearing for the Case

Andrea D. Lyon, DePaul College of Law, Chicago, IL, for Appellant.

Joseph E. Birkett, Du Page County State's Attorney, Lisa Anne Hoffman, Assistant State's Attorney, Wheaton, IL, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Elgin, IL, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, IL, for Appellee.

Justice McLAREN delivered the opinion of the court:

Defendant, Matthew Lucas, appeals his convictions of three counts of aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(1)(i) (West 2006)), arguing that the trial court abused its discretion in concluding that the State, at an October 2006 fitness hearing, proved him fit to stand trial. We hold that the trial court's finding of fitness was against the manifest weight of the evidence. Accordingly, we reverse and...

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