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PEOPLE v. PETERS

No. 2-87-1204.

180 Ill. App.3d 850 (1989)

536 N.E.2d 465

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES PETERS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed March 22, 1989.

Attorney(s) appearing for the Case

J. Christopher Moore and Mary Jo Hunt, State's Attorneys, of Galena (William L. Browers and Virginia M. Ashley, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

G. Joseph Weller and Francine Harrison, both of State Appellate Defender's Office, of Elgin, for appellee.

Judgment affirmed.

JUSTICE McLAREN delivered the opinion of the court:

The State appeals (107 Ill.2d R. 604(a)(1)) from an order of the trial court which granted the motion of the defendant, James Peters, to dismiss the charge of reckless conduct (Ill. Rev. Stat. 1987, ch. 38, par. 12-5(a)) for failure to state a cause of action. The State's sole contention in this court is that the criminal complaint properly charged the defendant with the offense of reckless...

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