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PEOPLE v. NANCE

No. 86105.

724 N.E.2d 889 (2000)

189 Ill.2d 142

244 Ill.Dec. 1

The PEOPLE of the State of Illinois, Appellant, v. Anthony NANCE, Appellee.

Supreme Court of Illinois.

January 21, 2000.

Attorney(s) appearing for the Case

Robert Robertson, Assistant State's Attorney, Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, for the People.

Thomas M. Donnelly, Assistant Public Defender, Chicago, for Anthony Nance.

Chief Justice HARRISON delivered the opinion of the court:

Anthony Nance was arrested by Chicago police and charged by complaint with violating section 25-1(a)(2) of the Criminal Code of 1961, a subsection of the mob action statute prohibiting "[t]he assembly of 2 or more persons to do an unlawful act." 720 ILCS 5/25-1(a)(2) (West 1996). Following a hearing, the circuit court of Cook County dismissed the complaint with prejudice, holding that the statute violates...

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