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PEOPLE v. DETERMAN

No. 5-08-0209.

925 N.E.2d 227 (2009)

397 Ill. App.3d 929

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Roger G. DETERMAN, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Publication Ordered March 15, 2010.

Attorney(s) appearing for the Case

Henry Bergmann, State's Attorney, Carlyle, IL; Patrick Delfino, Acting Director, Stephen E. Norris, Deputy Director, Rebecca E. McCormick, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellant.

Michael J. Pelletier, State Appellate Defender, Johannah B. Weber, Deputy Defender, Office of the State Appellate Defender, Mt. Vernon, IL, for Appellee.

Justice WELCH delivered the opinion of the court:

This is a case of first impression requiring our construction of provisions of the Non-Support Punishment Act (the Act) (750 ILCS 16/1 et seq. (West 2006)). The Act provides for the criminal prosecution of persons who willfully fail to provide for the support of a spouse or child. Section 5 of the Act provides as follows:

"A proceeding for enforcement of...

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