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PEOPLE v. SIMMS

No. 62784.

121 Ill.2d 259 (1988)

520 N.E.2d 308

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DARRYL SIMMS, Appellant.

Supreme Court of Illinois.

Rehearing denied April 5, 1988.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, and Robert D. Seeder and Gary S. Rapaport, Assistant Defenders, of the Office of the State Appellate Defender, of Springfield, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart and Shawn W. Denny, Solicitors General, and Mark L. Rotert, Sally L. Dilgart, Scott Graham and Terence M. Madsen, Assistant Attorneys General, of Chicago, of counsel), for the People.

Convictions affirmed; sentence reversed and remanded to the circuit court.

JUSTICE SIMON delivered the opinion of the court:

After a bench trial in the circuit court of Du Page County, the defendant, Darryl Simms, was found guilty of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9-1(a)), aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-14(a)), criminal sexual assault (Ill. Rev. Stat. 1985,...

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