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PEOPLE v. McNAIRY

No. 2-98-0682.

721 N.E.2d 1200 (1999)

309 Ill. App.3d 220

242 Ill.Dec. 669

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earl McNAIRY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 15, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for Earl McNairy.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Marshall M. Stevens, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, Earl McNairy, appeals from the trial court's order revoking his probation and sentencing him to a two-year prison term for theft (720 ILCS 5/16-1(a)(2)(A) (West 1994)). On appeal, defendant argues that the trial court improperly ordered him to testify as the State's adverse witness in the probation revocation proceeding. Defendant contends that article I, section...

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