PEOPLE v. FULLER

Docket No. 3-11-0391.

2013 IL App (3d) 110391

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES FULLER, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Filed May 30, 2013.


Attorney(s) appearing for the Case

Bryon Kohut (argued), of State Appellate Defender's Office, of Ottawa, for appellant.

Jerry Brady , State's Attorney, of Peoria ( Terry A. Mertel and Gary F. Gnidovec (argued), both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Justice McDade specially concurred, with opinion.


OPINION

JUSTICE LYTTON delivered the judgment of the court, with opinion.

¶ 1 Defendant James Fuller was convicted of home invasion (720 ILCS 5/12-11(a)(6) (West 2006)) and criminal sexual assault (720 ILCS 5/12-13(a)(1) (West 2006)). The trial court sentenced him to two concurrent terms of natural life in prison. On appeal, defendant argues that (1) his criminal sexual assault conviction must be vacated because it is a lesser included offense of home...

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