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PEOPLE v. FERNANDEZ

Nos. 84-2839, 84-2840 cons.

162 Ill. App.3d 981 (1987)

516 N.E.2d 366

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GUILLERMO FERNANDEZ et al., Defendants-Appellants.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied December 18, 1987.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Georgeen M. Carsen, Assistant Public Defender, of counsel), for appellants.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., James E. Fitzgerald, and Terry Takash, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE SCARIANO delivered the opinion of the court:

After a jury trial, defendants Guillermo Fernandez and Angel Pena, both of whom are mentally retarded, were found guilty of one count of rape, two counts of deviate sexual assault, one count of unlawful restraint, and one count of aggravated battery, for which Fernandez was sentenced to a term of eight years' imprisonment and Pena received seven years. We reverse the decision...

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