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PEOPLE v. ROSS

No. 1-06-0792.

917 N.E.2d 1111 (2009)

335 Ill.Dec. 47

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kelly ROSS, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied November 24, 2009.

Attorney(s) appearing for the Case

Edwin A. Burnette, Public Defender of Cook County, Emily Eisner, Assistant Public Defender, Chicago, IL, for Defendant-Appellant.

Anita Alvarez, State's Attorney, Cook County, James E. Fitzgerald, Alan J. Spellberg, Noah Montague, Asst. State's, Attys., Of Counsel, Chicago, IL, for Plaintiff-Appellee.

Presiding Justice MURPHY delivered the opinion of the court:

After a bench trial, defendant, Kelly Ross, was convicted of criminal sexual assault and sentenced to life imprisonment. On appeal, he contends that (1) an amendment to the indictment was untimely and improper, (2) evidence of a 17-year-old sexual assault was inadmissible, (3) his mother-in-law's testimony that he was "in over his head" and needed "car fare" was irrelevant and prejudicial, (4) foundation...

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