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IN RE BYRD

No. 78-223.

68 Ill. App.3d 849 (1979)

386 N.E.2d 385

In re LARRY BYRD. — (THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY BYRD, Defendant-Appellant.)

Appellate Court of Illinois — First District (2nd Division).

Modified on denial of rehearing March 13, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Brian L. Heise and Timothy P. O'Neill, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Rimas F. Cernius, and Terry Gillespie, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

The circuit court of Cook County found 19-year-old Larry Byrd in need of mental treatment and committed him involuntarily to a State mental health hospital.

The sole issue on review is whether the trial court properly denied Byrd's petition for voluntary commitment pursuant to section 3-5 of the Mental Health Code of 1967. Ill. Rev. Stat. 1977, ch. 91 1/2, par. 3-5.

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