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PEOPLE v. O'MALLEY

No. 2-04-0329.

828 N.E.2d 376 (2005)

356 Ill. App.3d 1038

293 Ill.Dec. 406

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John J. O'MALLEY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 6, 2005.

Attorney(s) appearing for the Case

John J. O'Malley, Chicago, Pro Se.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Lawrence M. Bauer, Deputy Director, Sabrina S. Henry, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice KAPALA delivered the opinion of the court:

After a bench trial before the circuit court of Lake County, defendant, John J. O'Malley, was found guilty of resisting or obstructing a peace officer (720 ILCS 5/31-1 (West 2002)) and fleeing or attempting to elude a police officer (625 ILCS 5/11-204(a) (West 2002)), as well as two other traffic offenses. Defendant appeals, contending: (1) that the State failed to prove an essential element of the offense of fleeing...

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