PEOPLE v. FRAZIER

No. 1-94-0980.

654 N.E.2d 575 (1995)

274 Ill.App.3d 990

211 Ill.Dec. 113

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Towanna FRAZIER, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

August 16, 1995.


Attorney(s) appearing for the Case

Jack O'Malley, State's Atty., County of Cook, Chicago, for appellant.

Rita A. Fry, Public Defender, County of Cook, Chicago, for appellee.


Justice CERDA delivered the opinion of the court:

Defendant Towanna Frazier was charged with escape. Defendant filed a motion to dismiss, claiming that because a violation of probation was neither a felony nor a misdemeanor, there was no basis for the charge. In response, the State conceded that the statute (720 ILCS 5/31-6(c) (West 1992)) did not include a violation of probation as an underlying offense and that no Illinois case law existed permitting such use. The...

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