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PEOPLE v. SPENCER

No. 2-99-0379.

731 N.E.2d 1250 (2000)

314 Ill. App.3d 206

247 Ill.Dec. 242

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Darius SPENCER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 19, 2000.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers (Court-appointed), Office of the State Appellate Defender, Elgin, for Darius Spencer.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, Jane M. Brennan, Naperville for the People.

Presiding Justice BOWMAN delivered the opinion of the court:

Defendant, Darius Spencer, was convicted following a bench trial of telephone harassment (720 ILCS 135/1-1(2) (West 1998)) and violation of an order of protection (720 ILCS 5/12-30(a) (West 1998)). He appeals, contending that (1) he was not proved guilty of either offense beyond a reasonable doubt; (2) he did not knowingly waive his right to a jury trial; and (3) under the one-act-one-crime rule, he cannot...

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