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PEOPLE v. TRESTER

No. 16620.

96 Ill. App.3d 553 (1981)

421 N.E.2d 959

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DOUGLAS A. TRESTER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed May 26, 1981.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Lawrence Bapst, both of State Appellate Defender's Office, of Springfield, for appellant.

J. William Roberts, State's Attorney, of Springfield (Robert J. Biderman and David E. Mannchen, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE GREEN delivered the opinion of the court:

On August 18, 1980, following a bench trial in the circuit court of Sangamon County, defendant, Douglas A. Trester, was convicted of disorderly conduct (Ill. Rev. Stat. 1979, ch. 38, par. 26-1(a)(1)) and sentenced to 7 days' imprisonment. On appeal he maintains his conviction should be reversed because his actions did not "provoke" a breach of the peace. Alternatively, he requests a new...

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