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PEOPLE v. WATTS

No. 81548.

692 N.E.2d 315 (1998)

181 Ill.2d 133

229 Ill.Dec. 542

The PEOPLE of the State of Illinois, Appellant, v. Dan WATTS, Appellee.

Supreme Court of Illinois.

February 20, 1998.

Attorney(s) appearing for the Case

Joan M. Kripke, Staff Atty., State's Atty. Appellate Prosecutor, Elgin, Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, Robert K. Villa, Assistant Attorney General, Chicago, State's Attorney Lake County, Waukegan, for the People.

John S. Young, Stelk & Young, Mundelein, for Dan Watts.

Justice McMORROW delivered the opinion of the court:

Defendant, Dan Watts, was convicted of home repair fraud under the Home Repair Fraud Act (the Act) (815 ILCS 515/1 et seq. (West 1994)) in a bench trial in the circuit court of Lake County. The appellate court reversed the conviction, concluding that the Act contains an unconstitutional mandatory presumption which impermissibly relieves the State of its burden of proving that defendant did not intend to perform...

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