(DOWNLOAD) "People v. Hunt" by Illinois Appellate Court Second District Judgment Reversed ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Hunt
- Author : Illinois Appellate Court Second District Judgment Reversed
- Release Date : January 24, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The defendant, Jeffrey Hunt, was charged with criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12-13(a)(2)). After a bench trial, the court found defendant not guilty of criminal sexual assault but guilty of unlawful restraint (Ill. Rev. Stat. 1985, ch. 38, par. 10-3). The defendant was sentenced to probation for a period of 24 months, with 7 months of work release, and the conditions that he attend alcohol counseling sessions and make restitution in the amount of $2,300. Defendant appeals, contending that: (1) the trial court could not convict him of unlawful restraint since that offense is not a lesser included offense of criminal sexual assault; (2) he was not proved guilty beyond a reasonable doubt of unlawful restraint; and (3) the trial court improperly ordered him to make restitution in the amount of $2,300. The complainant, a student at the Patricia Stevens Career College in Milwaukee, Wisconsin, attended a party in De Kalb, Illinois, on July 21, 1984. The complainant testified that she drank seven or eight beers and then passed out. She did not remember anything until she became aware of the defendant on top of her, with his penis in her vagina. She told the defendant to get off and leave her alone, which the defendant did. After the incident, complainant's roommate, who was also at the party, came into the bedroom where the complainant had been passed out. The two remained at the party for about one-half hour, during which time the complainant cried. The following day the complainant told her aunt what had occurred.
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