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PEOPLE v. SIMESTER

Nos. 1-94-4064, 1-94-4065.

678 N.E.2d 710 (1997)

287 Ill. App.3d 420

222 Ill.Dec. 838

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Janice SIMESTER and Dale Simester, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

March 27, 1997.

Attorney(s) appearing for the Case

William Hedrick, Skokie, IL, for Appellant Janice Simester.

O'Keefe, Lewis & Bruno, P.C., Skokie, IL, (Louis M. Bruno, of counsel), for Appellant Dale Simester.

Jack O'Malley, State's Attorney of Cook County, Chicago, (Renee Goldfarb, Timothy Felgenhauer, Linda Woloshin, of counsel), for Appellee.

Justice BURKE delivered the opinion of the court:

After a jury trial, defendants Janice and Dale Simester, who are married, were each convicted of two counts of criminal neglect of an elderly person and sentenced to 30 months' probation and 1,000 hours of community service. On appeal, defendants contend that the statute under which they were prosecuted, 720 ILCS 5/12—21—a(2) and (3) (West 1992), was unconstitutional, they were not proven guilty beyond...

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