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People v. Redmond

JULY 13, 1973.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ANDREW REDMOND, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook Country; the Hon. EARL E. STRAYHORN, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSES CHARGED

Aggravated battery. Ill. Rev. Stat. 1969, ch. 38, par. 12-4(b-1) (two counts).

Armed robbery. Ill. Rev. Stat. 1969, ch. 38, par. 18-2.

Indecent liberties with a child. Ill. Rev. Stat. 1969, ch. 38, par. 11-4 (a-2).

Deviate sexual assault. Ill. Rev. Stat. 1969, ch. 38, par. 11-3.

Attempt. Ill. Rev. Stat. 1969, ch. 38, par. 8-4.

JUDGMENT

At a bench trial, defendant was found guilty of one count of aggravated battery, armed robbery, indecent liberties, and deviate sexual assault. He was sentenced to concurrent terms of 4 to 8 years for aggravated battery, 10 to 15 years for armed robbery, 12 to 20 years for indecent liberties with a child, and 6 to 12 years for deviate sexual assault. Defendant was found not quilty of attempt and one count of aggravated battery.

CONTENTIONS RAISED ON APPEAL

1. The evidence presented by the State and defense raised a reasonable doubt of defendant's sanity, and the State failed to overcome the doubt by proof of sanity beyond a reasonable doubt.

2. Defendant was deprived of due process of law and a fair trial when the judge applied an erroneous legal standard to determine that defendant was proven sane beyond a reasonable doubt at the time the acts were committed.

3. It was error to convict and sentence defendant for three separate crimes arising from the same conduct and involving the same victim.

EVIDENCE

Douglas Westcott, for the State:

He was 12 years old at the time of the trial and at the time of the offense. He knew the difference between right and wrong, that difference being to tell the ...


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