People v. Hatcher

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0060 Rel

Case Date: 06/23/2009

Preview:NO. 5-08-0060
NOTICE Decision filed 06/23/09. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Fayette County. ) v. ) No. 07-CF-79 ) HARLEY H. HATCHER, ) Honorable ) Michael D. McHaney, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ JUSTICE CHAPMAN delivered the opinion of the court: The defendant, Harley H. Hatcher, appeals his conviction for indecent solicitation of a minor with intent to commit aggravated criminal sexual abuse (720 ILCS 5/11-6(a) (West 2006)). He argues that there was no evidence that he commanded, authorized, urged, incited, requested, or advised the 16-year-old complainant to engage in any particular sexual act. See 720 ILCS 5/11-6(b) (West 2006). There is no dispute that the defendant did not explicitly ask the teenager to perform any sexual act. At issue is whether the defendant's conversation with the complaining witness

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