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PEOPLE v. KELLY

No. 3-88-0371.

185 Ill. App.3d 43 (1989)

540 N.E.2d 1125

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TOMMY KELLY, a/k/a Wayne Kelly, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed June 26, 1989.

Attorney(s) appearing for the Case

Braud/Warner, Ltd., of Rock Island (Duane Thompson, of counsel), for appellant.

Larry VanDerSnick, State's Attorney, of Cambridge (Gary F. Gnidovec, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

JUSTICE BARRY delivered the opinion of the court:

Defendant was charged with two counts of aggravated criminal sexual assault, a Class X felony (Ill. Rev. Stat. 1987, ch. 38, pars. 12-14(b)(1), (c)). The alleged victims of the offenses were five-year old Amy Sims and her seven-year-old cousin, Sara Sims. After a jury trial, defendant was found guilty of aggravated criminal sexual assault against Sara and...

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