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PEOPLE v. TELLEZ

No. 2-97-0608.

693 N.E.2d 516 (1998)

295 Ill. App.3d 639

230 Ill.Dec. 387

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Bonnie TELLEZ, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied May 6, 1998.

Attorney(s) appearing for the Case

Timothy W. Johnson, DeKalb County State's Atty., Sycamore, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attys. Appellate Prosecutor, Elgin, for People.

Kevin E. Buick, Cliffe, Foster, Corneille & Buick, DeKalb, for Bonnie Tellez.

Justice BOWMAN delivered the opinion of the court:

Defendant, Bonnie Tellez, was charged by information with criminal neglect of a disabled person (720 ILCS 5/12-21(a)(2) (West 1996)). In the information, the State referred to the offense as a Class 3 felony. Defendant moved to dismiss the information, alleging that it did not state an offense because criminal neglect of a disabled person is not a Class 3 felony. The court denied the motion but struck the language...

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