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PEOPLE v. JOHNSON

No. 2-89-1372.

595 N.E.2d 1381 (1992)

231 Ill. App.3d 412

172 Ill.Dec. 711

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Retha JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 10, 1992.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Beth Katz, Office of State Appellate Defender, Kathleen T. Zellner, Kathleen T. Zellner and Associates, Naperville, James P. Palermini, Huck, Bouma, Martin & Charlton, Glen Ellyn, Douglas Johnson, argued, for Retha Johnson.

Michael J. Waller, Lake County State's Atty., William L. Browers, Deputy Director State's Attys. Appellate Prosecutor, John X. Breslin, Deputy Dir., State's Atty. Aplt. Prosecutor, Ottawa, Norbert J. Goetten, Dir. State's Atty. Prosecutor, Springfield, Joseph Ciaccio, Springfield, J. Paul Hoffman, Ottowa, argued, for the People.

Justice UNVERZAGT delivered the opinion of the court:

Defendant, Retha Johnson, appeals her conviction and sentence for abuse of a long-term care facility resident (Ill.Rev. Stat.1987, ch. 38, par. 12-19(a)). She contends on appeal that (1) she was not proved guilty beyond a reasonable doubt where the evidence did not establish that an actual physical injury occurred; (2) count III charging abuse should have been dismissed...

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