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PEOPLE v. McSWAIN

No. 4-10-0619.

964 N.E.2d 1174 (2012)

358 Ill. Dec. 152

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank Louis McSWAIN, Jr., Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 18, 2012.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Def., Karen Munoz , Deputy Defender, Jacqueline L. Bullard , Asst. Appl. Defender, Office of the State Appellate Defender, Springfield, for Frank McSwain, Jr.

William A. Yoder , McLean County State's Attorney, Bloomington ( Patrick Delfino , Director, Robert J. Biderman , Dep. Director, Denise M. Ambrose , Staff Attorney, State's Attorneys Appellate Prosecutor, of counsel), for the People.

OPINION

Presiding Justice TURNER delivered the judgment of the court, with opinion.

¶ 1 In January 2010, a jury found defendant, Frank Louis McSwain, Jr., guilty of five counts of child pornography. In April 2010, the trial court sentenced him to 30 months' probation and 90 days in jail.

¶ 2 On appeal, defendant argues (1) he is entitled to a new trial based on the trial court's refusal of his...

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