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PEOPLE v. NITZ

No. 3-96-0276.

674 N.E.2d 802 (1996)

285 Ill. App.3d 364

221 Ill.Dec. 9

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Douglas E. NITZ, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 15, 1996.

Attorney(s) appearing for the Case

Donovan S. Robertson (argued), Moline, for Douglas E. Nitz.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Marshall E. Douglas, State's Attorney, Rock Island, Terry A. Mertel (argued), States' Attorneys Appellate Prosecutor, Ottawa, for People.

Justice McCUSKEY delivered the opinion of the court:

The defendant, Douglas E. Nitz, who is white, appeals from his conviction on two counts of the offense of hate crime (720 ILCS 5/12-7.1 (West 1994)), based on his racially-motivated harassment of his neighbor, Rochelle Gaines, who is African-American. On appeal, Nitz raises several constitutional challenges to the Illinois hate crime statute. For the reasons which follow, we affirm.

FACTS

Nitz...

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