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PEOPLE v. MAJORS

No. 3-09-0691.

939 N.E.2d 1085 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Justin J. MAJORS, Defendant-Appellee.

Appellate Court of Illinois, Third District.

December 10, 2010.

Attorney(s) appearing for the Case

Terry A. Mertel , Deputy Director, Justin A. Nicolosi , State's Attorneys Appellate Prosecutor, Ottawa, Gregory McHugh , State's Attorney, Aledo, for the People.

Justin J. Majors , Monmouth, for Justin J. Majors.

Presiding Justice HOLDRIDGE delivered the opinion of the court:

The State charged the defendant, Justin J. Majors, with harassment by telephone (720 ILCS 135/1-1 (West 2008)), a Class B misdemeanor. During the parties' first appearance, the court dismissed the charge for lack of probable cause. The State appeals, contending that the court erred by dismissing the charge because the State does not have to establish probable cause at a preliminary hearing to support...

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