OPINION
Justice GARMAN delivered the judgment of the court, with opinion:
In 2005, defendant, Lyndell W. Howard, was indicted for nine counts of official misconduct related to his use of a City of Pekin credit card. Six of the counts alleged that defendant violated section 33E-16 of the Criminal Code of 1961 (720 ILCS 5/33E-16 (West 2004)), while three counts alleged that defendant acted contrary to article VIII, section 1(a), of the Illinois Constitution...
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