PEOPLE v. MULVEY

No. 2-04-1221.

853 N.E.2d 68 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James F. MULVEY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 19, 2006.


Attorney(s) appearing for the Case

Phyllis J. Perko (Court-appointed), Law Offices of Harlovic & Perko, West Dundee, for James F. Mulvey.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Catherine A. Voigt, Glen Ellyn, for the People.


Justice KAPALA delivered the opinion of the court:

A Du Page County jury found defendant, James F. Mulvey, guilty of two counts of domestic battery (720 ILCS 5/12-3.2(a) (West 2002)). Thereafter, the trial court sentenced defendant to terms of probation. Defendant appeals, contending that he is entitled to a new trial because the trial court erred in (1) refusing to instruct the jury on the affirmative defense of reasonable discipline of a child, (2) failing to sustain...

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