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PEOPLE v. PERGESON

No. 2-03-0053.

808 N.E.2d 593 (2004)

347 Ill. App.3d 991

283 Ill.Dec. 627

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Coy W. PERGESON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 22, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Michael J. Pelletier and Heidi Linn Lambros (Court-appointed), Office of the State Appellate Defender, Chicago, for Coy W. Pergeson.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Cynthia N. Schneider, State's Attorneys Appellate Prosecutor, Elgin, Hugh Williams, Carbondale, for the People.

Justice CALLUM delivered the opinion of the court:

Following a bench trial, defendant, Coy W. Pergeson, was convicted of aggravated battery (720 ILCS 5/12-4(b)(8) (West 2002)) for an incident that occurred at the entrance to the Fox Valley Mall. The trial court found, as alleged in the indictment, that the battery occurred on a public way. Defendant appeals, arguing that under this court's opinion in People v. Dexter, 328 Ill.App.3d 583...

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