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PEOPLE v. CHMURA

No. 2-09-0373.

930 N.E.2d 431 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Steven CHMURA, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 12, 2010.

Attorney(s) appearing for the Case

Louis A. Bianchi, McHenry County State's Attorney, Woodstock, Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Patrick D. Walsh, Donahue, Walsh & Hockemeyer, P.C., McHenry, for Steven Chmura.

Justice JORGENSEN delivered the opinion of the court:

Defendant, Steven Chmura, was charged by information in the circuit court of McHenry County with two counts of domestic battery (720 ILCS 5/12-3.2(a)(1), (a)(2) (West 2006)). The charges were based on allegations that defendant "struck, pushed, pulled, and/or grabbed" Tracy Chmura. The State was unable to secure Tracy Chmura's attendance at trial. After a jury was selected, but before it was sworn, the trial court...

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