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06/16/89 the People of the State of v. David H. Deal

June 16, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DAVID H. DEAL, DEFENDANT-APPELLANT

ON JUNE 20, 1985, THE STATE FILED AN INFORMATION CHARGING DEFENDANT WITH ONE COUNT OF AGGRAVATED CRIMINAL SEXUAL ABUSE. (ILL. RE

v.

STAT., 1984 SUPP., CH. 38, PAR. 12-16(C)(1).) LATER THE STATE AMENDED THE INFORMATION, WHICH STATED: "[DURING] THE FIRST WEEK OF APRIL, 1985, TO-WIT:



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

541 N.E.2d 695, 185 Ill. App. 3d 332, 133 Ill. Dec. 484 1989.IL.900

Appeal from the Circuit Court of Jackson County; the Hon. Robert Howerton, Judge, presiding.

APPELLATE Judges:

JUSTICE GOLDENHERSH delivered the opinion of the court. WELCH, P.J., and HARRISON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GOLDENHERSH

Defendant, David Deal, appeals from the judgment of the circuit court of Jackson County finding him guilty of two counts of aggravated sexual abuse. (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 12-16(c)(1).) The court sentenced defendant to four years' probation and fined him $9,600 plus costs. Defendant appeals and raises the following issues: (1) whether he was proved guilty beyond a reasonable doubt; (2) whether the court erred in admitting into evidence detailed corroborating evidence of the child victim's complaint; (3) whether count I should be vacated because it failed to state an offense and because evidence revealed there was only one act; and (4) whether the fine assessed must be reduced or vacated. This court affirms in part, reverses in part, and remands for resentencing.

COUNT I

AGGRAVATED CRIMINAL SEXUAL ABUSE

In that the said defendant, who was seventeen (17) years of age or older, knowingly committed an act of sexual conduct with who was a child under thirteen (13) years of age when the act was committed, in that the defendant intentionally touched and fondled the defendant's sex organ thereby masturbating in the presence of for the purpose of sexual gratification or arousal of the defendant, in violation of Illinois Revised Statutes,

COUNT II

AGGRAVATED CRIMINAL SEXUAL ABUSE

In that the said defendant, who was seventeen (17) years of age or older, knowingly committed an act of sexual conduct with who was a child under thirteen (13) years of age when the act was committed, in that the defendant intentionally touched and fondled [L.E.D.'s] sex organ for the purpose of sexual gratification or arousal of the defendant, in violation of Illinois Revised Statutes,

At the bench trial, the following evidence was adduced.

The victim, a minor, L.E.D., was seven years old at the time of the incident and was living with his mother, brother and grandfather in Carbondale. The family had just arrived in Carbondale when L.E.D. became acquainted with defendant. L.E.D. and defendant began to go to movies and other places together. L.E.D. also ...


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