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PEOPLE v. HUBNER

Docket No. 4-12-0137.

986 N.E.2d 246 (2013)

2013 IL App (4th) 120137

369 Ill. Dec. 297

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edgar D. HUBNER, Sr., Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

April 3, 2013.

Attorney(s) appearing for the Case

Michael J. Pelletier , Karen Munoz , and Duane E. Schuster , all of State Appellate Defender's Office, of Springfield, for appellant.

Matthew Fitton , State's Attorney, of Paxton ( Patrick Delfino , Robert J. Biderman , and Luke McNeill , all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

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

¶ 1 In October 2011, a jury convicted defendant, Edgar D. Hubner, Sr., of criminal sexual assault (720 ILCS 5/11-1.20(a)(1) (West 2010)), and the trial court later sentenced him to four years in prison. Defendant appeals, arguing that (1) the State's emphasis in closing argument on defendant's "alleged apologies" as demonstrating "evidence of a guilty man" deprived...

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