PEOPLE v. KARBERG

No. 2-04-1000.

826 N.E.2d 630 (2005)

356 Ill. App.3d 500

292 Ill.Dec. 489

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Matthew J. KARBERG, Defendant-Appellee.

Appellate Court of Illinois, Second District.

April 7, 2005.


Attorney(s) appearing for the Case

Terry M. Kurt, JoDaviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas J. Nack, Nack, Richardson & Kurt, Galena, for Matthew J. Karberg.


Justice GILLERAN JOHNSON delivered the opinion of the court:

The defendant, Matthew Karberg, was charged by information with harassment by telephone (720 ILCS 135/1-1(2) (West 2002)). On the defendant's oral motion, the trial court dismissed the information, based on the fact that the telephone book distributed in the area did not contain the statutorily required warning against placing harassing phone calls. The State appeals from this dismissal. We reverse.

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