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PEOPLE v. WILSON

No. 98111.

827 N.E.2d 416 (2005)

214 Ill.2d 394

292 Ill.Dec. 887

The PEOPLE of the State of Illinois, Appellant, v. Howard W. WILSON, Appellee.

Supreme Court of Illinois.

March 24, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Diane Sipich, State's Attorney, Tuscola (Gary Feinerman, Solicitor General, Linda D. Woloshin, Domenica A. Osterberger, Assistant Attorneys General, Chicago, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, Colleen Morgan, Assistant Appellate Defender, Office of the State Appellate Defender, Springfield, for appellee.

Justice THOMAS delivered the opinion of the court:

The State charged defendant, Howard W. Wilson, with two counts of domestic battery (720 ILCS 5/12-3.2(a)(1), (a)(2) (West 2002)). Defendant moved to dismiss the charges, arguing that the domestic battery statute is unconstitutionally vague. Following an evidentiary hearing, the circuit court of Douglas County found the statute unconstitutionally vague as applied to defendant and granted the motion to dismiss. The...

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