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PEOPLE v. STENGEL

No. 1-89-1900.

570 N.E.2d 391 (1991)

211 Ill. App.3d 337

155 Ill.Dec. 878

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark STENGEL, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 5, 1991.

Attorney(s) appearing for the Case

Michael D. Monico, Barry A. Spevack, Monico, Pavich & Spevack, Marvin Bloom, Chicago, for defendant-appellant.

John M. O'Malley, State's Atty., County of Cook (Renee Goldfarb, Joseph Brent, Mary Brigid Kenney, Asst. State's Attys., of counsel), Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court.

After a bench trial, defendant, Mark Stengel (Stengel), was convicted of criminal sexual assault. (Ill.Rev.Stat.1985, ch. 38, par. 12-13(a)(1).) The trial court found that Stengel committed an act of sexual penetration upon C.B. between Stengel's penis and C.B.'s vagina by use of force and threat of force in violation of chapter 38, paragraph 12-13(a)(1) of the Illinois Revised Statutes as amended. (Ill.Rev.Stat....

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