PEOPLE v. CORTEZ

No. 1-95-1158.

676 N.E.2d 195 (1996)

286 Ill. App.3d 478

221 Ill.Dec. 674

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Miguel CORTEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied March 7, 1997.


Attorney(s) appearing for the Case

Rita A. Fry, Cook County Public Defender, Chicago (James N. Perlman, Assistant Public Defender, of counsel), for Appellant.

Jack O'Malley, State's Attorney of Cook County, Chicago (Renee Goldfarb, Kenneth McCurry, Renee P. O'Neill, Assistant State's Attorneys, of counsel), for Appellee.


Justice THEIS delivered the opinion of the court:

Following a bench trial, defendant was convicted of stalking and sentenced to probation. On appeal, defendant argues that the stalking statute is unconstitutional on its face and its application to him violated ex post facto constitutional guarantees.

The evidentiary matters are not in dispute. Defendant and Adriana Arce (Arce) lived together for several years and had one child. On June 14, 1993, a disagreement...

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