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PEOPLE v. FLYNN

Nos. 3-03-0990 to 3-03-0993.

817 N.E.2d 1223 (2004)

352 Ill. App.3d 1193

288 Ill.Dec. 573

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Patrick FLYNN, Defendant-Appellee.

Appellate Court of Illinois, Third District.

October 18, 2004.

Attorney(s) appearing for the Case

Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Jeff Tomczak, Will County State's Attorney, Joliet, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Charles E. Thomas, Thomas & Delaney, Joliet, Douglas C. Tibble, Brooks, Adams & Tarulis, Naperville, for Patrick Flynn.

Justice SCHMIDT delivered the opinion of the court:

The defendant, Patrick Flynn, was charged by indictment with several offenses, including five counts of business transaction fraud. 815 ILCS 5/12(J)(2) (West 2000). He moved to dismiss the business transaction fraud counts, claiming that the indictment was insufficient because it did not include the required mental state for those offenses. The trial court granted defendant's motion. On appeal, the State contends...

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