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PEOPLE v. JOHNSON

No. 3-06-0555.

902 N.E.2d 1265 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James T. JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 20, 2009.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Ottawa, James T. Johnson, Lockport, IL, for Appellant.

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Gary F. Gnidovec, States' Attorneys Appellate Prosecutor, Ottawa, James Glasgow, State's Attorney, Joliet, IL, for Appellee.

Presiding Justice O'BRIEN delivered the opinion of the court:

Defendant James Johnson was found guilty of criminal sexual abuse following a jury trial and sentenced to a one-year term of conditional discharge. He appeals, contending that the trial court's ex parte communication with the jury deprived him of his constitutional rights to be present and to have counsel at all critical stages in the proceedings. We reverse his conviction and remand.

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