offense is often a difficult one), then this case would fit within rule (3), and there could be convictions on both charges so long as there were concurrent sentences. Unlawful restraint, a Class 4 felony (Ill. Rev. Stat. 1989, ch. 38, par. 10 — 3), may clearly be a lesser included offense of criminal sexual assault by the use of force or threat of force, a Class 1 felony. (Ill. Rev. Stat. 1989, ch. 38, pars. 12 — 13(a)(1), (b).) The phrase “[floree or threat of force” is defined to include physical restraint. (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 12(dX2).) When a defendant is convicted of both unlawful restraint and criminal sexual assault, the conviction of unlawful restraint must be vacated (see, e.g., People v. Allman (1989), 180 Ill. App. 3d 396, 405, 535 N.E.2d 1097, 1102 (<HOLDING>); People v. Geneva (1990), 196 Ill. App. 3d
holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault holding that that the trial court erred when it determined that firstdegree sexual offense was an aggravated offense holding unlawful restraint an included offense of aggravated criminal sexual assault so conviction on the former was vacated holding that unlawful restraint could not even be an included offense