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PEOPLE v. MAJKA

No. 2-04-0434.

849 N.E.2d 428 (2006)

365 Ill. App.3d 362

302 Ill.Dec. 636

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark S. MAJKA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied June 16, 2006.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Steven E. Wiltgen, Office of the State Appellate Defender, Elgin, for Mark S. Majka.

John A. Barsanti, Kane County State's Attorney, St. Charles, Lawrence M. Bauer, Deputy Director, Sabrina S. Henry, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Presiding Justice GROMETER delivered the opinion of the court:

Defendant, Mark S. Majka, appeals from his conviction of violation of an order of protection (720 ILCS 5/12-30 (West 2002)). He contends that the State failed to prove him guilty beyond a reasonable doubt because (1) the testimony of the complainant, Cherie Majka (Cherie), should not have been credited and (2) he was entitled to an inference that certain potential evidence, absent from the State's case...

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