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PEOPLE v. REDWOOD

No. 4-02-0025.

780 N.E.2d 760 (2002)

335 Ill. App.3d 189

269 Ill.Dec. 288

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Erik S. REDWOOD, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

November 20, 2002.

Attorney(s) appearing for the Case

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Charles L. Danner, Jude M. Redwood (argued), Redwood Law Office, St. Joseph, for Erik S. Redwood.

Justice COOK delivered the opinion of the court:

In January 2002, the trial court dismissed the charges against defendant, Erik S. Redwood, for failure to state an offense as a matter of law. The State appeals. We affirm.

On October 14, 1999, defendant was indicted for a hate crime, a Class 4 felony, in that:

"[T]he said defendant, by reason of the perceived race of Harvey Welch, knowingly committed Disorderly Conduct against Harvey Welch, in violation...

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