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PEOPLE v. MONTOYA

No. 79-772.

94 Ill. App.3d 6 (1981)

418 N.E.2d 84

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ORACIO MONTOYA, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed March 4, 1981.

Attorney(s) appearing for the Case

Mary Robinson and Kyle Wesendorf, both of State Appellate Defender's Office, of Elgin, for appellant.

John Maville, State's Attorney, of Belvidere (Phyllis J. Perko and Cynthia N. Schneider, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE UNVERZAGT delivered the opinion of the court:

The defendant was convicted in the circuit court of Boone County of obstructing a peace officer and of criminal trespass to land. He was sentenced to serve one year conditional discharge with 30 days to be served in the county jail.

The defendant became drunk in a tavern and was requested by the tavern manager to leave because he was using profane language. He refused...

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