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PEOPLE v. POSEY

No. 1-88-2966.

564 N.E.2d 1323 (1990)

206 Ill. App.3d 1017

151 Ill.Dec. 661

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Larry POSEY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

December 6, 1990.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Leslie Wallin, Asst. Appellate Defender, of the Office of the State Appellate Defender, Chicago, for defendant-appellant.

State's Atty. of Cook County, Chicago (Renee Goldfarb, Paul Gliatta and Daniel J. Fahlgren, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice JIGANTI delivered the opinion of the court:

The defendant, Larry Posey, appeals from his conviction following a jury trial for aggravated criminal sexual assault, aggravated battery, and unlawful restraint. Because we believe the defendant was erroneously denied his right under Ill.Rev.Stat. 1985, ch. 38, par. 114-5(a), to substitute two judges on grounds of prejudice, we reverse and remand this case for a new...

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