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PEOPLE v. BUSTAMANTE

No. 2-01-0520.

778 N.E.2d 344 (2002)

334 Ill. App.3d 515

268 Ill.Dec. 358

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ruben R. BUSTAMANTE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 8, 2002.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Timothy P. King (Court-appointed), Chicago, for Ruben R. Bustamante.

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Milo Miller, Jackson, MO, for the People.

Justice CALLUM delivered the opinion of the court:

Defendant, Ruben R. Bustamante, was indicted with one count of criminal damage to government-supported property, a Class 4 felony (count I) (720 ILCS 5/21-4(1)(a) (West 2000)), and one count of reckless conduct, a Class A misdemeanor (count II) (720 ILCS 5/12-5(a), (b) (West 2000)). The charges arose out of an incident in which defendant threw a beer bottle at a parked police car. The jury returned guilty verdicts...

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