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PEOPLE v. GIRAUD

No. 113116.

980 N.E.2d 1107 (2012)

2012 IL 113116

366 Ill. Dec. 748

The PEOPLE of the State of Illinois, Appellant, v. Ernesto GIRAUD, Appellee.

Supreme Court of Illinois.

November 29, 2012.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, Springfield, and Anita Alvarez , State's Attorney, Chicago ( Alan J. Spellberg , Annette Collins and Carol L. Gaines , Assistant State's Attorneys, of counsel), for the People.

Michael J. Pelletier , State Appellate Defender, Alan D. Goldberg , Deputy Defender, and Suzan-Amanda Ingram , Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.

OPINION

Justice GARMAN delivered the judgment of the court, with opinion.

¶ 1 Defendant was convicted in the circuit court of Cook County of multiple counts, including one count of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(3) (West 2006)). The victim was his teenage daughter. The aggravating factor found by the jury was that "during * * * the commission of the offense," he "acted in such a...

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