People v. Fuller

Defendants, David Fuller and his wife, Rebecca Fuller, were indicted for rape (Ill. Rev. Stat. 1977, ch. 38, par. 11 — 1), unlawful restraint (Ill. Rev. Stat. 1977, ch. 38, par. 10 — 3), and attempted deviate sexual assault (Ill. Rev. Stat. 1977, ch. 38, par. 8 — 4). Prior to trial, the State dismissed the unlawful restraint charge. In a jury trial, defendants were acquitted of rape and convicted of attempted deviate sexual assault. Each defendant was sentenced to serve seven years in the Illinois Department of Corrections.

On appeal, defendants contend that the trial court erred in denying…