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People v. Mercado

Case Date: 03/30/2005
Court: 2nd District Appellate
Docket No: 2-04-0817 Rel

No. 2--04--0817

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellee,

v.

GINIO MERCADO,

          Defendant-Appellant.

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)		 Appeal from the Circuit Court
of Lake County.



No. 03--CF--3682

Honorable
John T. Phillips,
Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:

In October 2003, Rebeca Guijosa-Vanegas,(1) the pregnant ex-girlfriend of defendant, Ginio Mercado, accused defendant of kidnaping her from her home, chaining her to a bed, and sexually assaulting her. Based on these accusations, defendant was charged with four counts of aggravated criminal sexual assault (720 ILCS 5/12--14(a)(4) (West 2002)), two counts of criminal sexual assault (720 ILCS 5/12--13(a)(1) (West 2002)), three counts of kidnaping (720 ILCS 5/10--1(a)(2) (West 2002)), and two counts of unlawful restraint (720 ILCS 5/10--3(a) (West 2002)). Pursuant to a plea agreement, defendant pleaded guilty to two counts of aggravated criminal sexual assault and one count of kidnaping, in exchange for prison sentences totaling 17