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237 Ill. App. 3d 489

People v. Allen

Appellate Court of Illinois

Decided November 16, 1992

Appellate Court of Illinois · decided 1992-11-16

Cited by 4 later decisions — most recently April 1995

Relies on 195 Ill. App. 3d 454 - People v. Edwards · 235 Ill. App. 3d 185 - People v. Allensworth · 205 Ill. App. 3d 873 - People v. Harris

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-16

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JUSTICE SLATER

¶1delivered the opinion of the court:

¶2The defendant, Larry Allen, was convicted of aggravated criminal sexual abuse (Ill. Rev. Stat. 1991, ch. 38, par. 12—16(c)(1)(i))- He was sentenced to an extended term of 12 years’ imprisonment. He appeals.

¶3The indictment in this case alleged that the defendant, being 17 years of age or over, committed an act of sexual conduct with the victim, who was under 13 years of age when the act was committed. On appeal, the only issue raised by the defendant is whether his conviction should be reversed because the indictment failed to state that the alleged sexual conduct was for the purpose of sexual gratification or arousal of the victim or the accused. In support of his argument that a reversal is required, the defendant cites to People v. Edwards (1990), 195 Ill. App. 3d 454, 552 N.E.2d 358, and People v. Harris (1990), 205 Ill. App. 3d 873, 563 N.E.2d 874.

¶4We note that the instant appeal was filed prior to our recent decision in People v. Allensworth (1992), 235 Ill. App. 3d 185, wherein we declined to follow Edwards and Harris. Instead, we concluded that the words “sexual conduct,” standing alone, are sufficiently specific to inform a defendant with reasonable certainty of the offense he is accused of committing.

¶5Based on our holding in Allensworth, we find that the instant defendant has failed to show that he was not apprised with reasonable certainty of the charges brought against him. Accordingly, we affirm the trial court.

¶6The judgment of the circuit court of Peoria County is affirmed.

¶7Affirmed.

¶8BARRY, P.J., concurs.

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