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PEOPLE v. TOLIVER

No. 2-91-1195.

623 N.E.2d 880 (1993)

251 Ill. App.3d 1092

191 Ill.Dec. 290

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael TOLIVER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 10, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Elgin, Adam Bourgeois, Chicago, Patrick M. Carmody, Office of the State Appellate Defender, Elgin, for Michael Toliver.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, Cynthia N. Schneider, State's Attys. Appellate Prosecutors, Elgin, for the People.

Justice COLWELL delivered the opinion of the court:

On June 19, 1991, defendant, Michael Toliver, was charged by indictment with one count of home invasion (Ill.Rev.Stat. 1991, ch. 38, par. 12-11(a)(2) (now 720 ILCS 5/12-11(a)(2) (West 1992))) and three counts of aggravated criminal sexual assault premised on bodily harm (Ill.Rev.Stat. 1991, ch. 38, par. 12-14(a)(2) (now 720 ILCS 5/12-14(a)(2) (West 1992))). Following a...

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