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PEOPLE v. ATHERTON

No. 2-08-1169.

940 N.E.2d 775 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank D. ATHERTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 16, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Gary R. Peterson, Deputy Defenders, Colleen Morgan, Office of the State Appellate Defender, for appellant.

James P. Hursh, Michelle J. Courier, Boone County State's Attorneys, Lawrence M. Bauer, Deputy Director, Robert J. Biderman, Anastacia R. Brooks, State's Attorneys Appellate Prosecutor, for appellee.

Justice SCHOSTOK delivered the opinion of the court:

Following a jury trial, the defendant, Frank Atherton, was convicted of two counts of predatory criminal sexual assault of a child (720 ILCS 5/3-6(j), 12-14.1(a)(1) (West 2002)) and was sentenced to a total of 24 years' imprisonment. On appeal, the defendant argues that: (1) he was not convicted beyond a reasonable doubt of one of the counts of predatory criminal sexual assault; (2) the trial court failed to comply...

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