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| People v. McPherson, No. 5-98-0123 5th District, Rule 23 Order filed June 25, 1999; Motion to publish granted August 5, 1999. |
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROGER McPHERSON, Defendant-Appellant. | | Appeal from the Circuit Court of St. Clair County. No. 97-CF-379 Honorable Robert P. LeChien, Judge, presiding. | JUSTICE GOLDENHERSH delivered the opinion of the court: After a jury trial, defendant, Roger McPherson, was found guilty of aggravated criminal sexual assault (see 720 ILCS 5/12-14(a)(1) (West 1996)), armed robbery (see 720 ILCS 5/18-2(a) (West 1996)), aggravated kidnapping (see 720 ILCS 5/10-2(a)(5) (West 1996)), and vehicular invasion (see 720 ILCS 5/12-11.1 (West 1996)) and was sentenced to 26 years in the Department of Corrections. Defendant appeals his convictions and raises the following issues: (1) whether defendant's second trial violated the double jeopardy clauses of the United States and Illinois Constitutions (U.S. Const., amend. V; Ill. Const. 1970, art. I, |