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PEOPLE v. ORTIZ

No. 71297.

600 N.E.2d 1153 (1992)

151 Ill.2d 1

175 Ill.Dec. 695

The PEOPLE of the State of Illinois, Appellant, v. Anthony ORTIZ, Appellee.

Supreme Court of Illinois.

September 24, 1992.

Attorney(s) appearing for the Case

Neil F. Hartigan and Roland W. Burris, Attys. Gen., Springfield, Gary L. Spencer, State's Atty., Morrison (Rosalyn B. Kaplan, Sol. Gen., Terence M. Madsen and Steven J. Zick, Asst. Attys. Gen., Chicago, Kenneth R. Boyle, John X. Breslin and Gary F. Gnidovec, Office of the State's Attys. Appellate Prosecutor, Ottawa, of counsel), for the People.

Rolfe F. Ehrmann, Ehrmann, Gehlbach & Beckman, Dixon, for appellee.

Justice CUNNINGHAM delivered the opinion of the court:

On October 27, 1988, an information was filed in Whiteside County charging defendant, Anthony Ortiz, with two counts of aggravated sexual abuse of his then-girlfriend's nine-year-old daughter. At the bench trial, and after several witnesses had testified, defense counsel moved for dismissal because the State's Attorney stated that the chief witness was not in the courthouse and would not be available for two hours...

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