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PEOPLE v. NELSON

No. 3-12-0191.

2 N.E.3d 613 (2013)

2013 IL App (3d) 120191

377 Ill. Dec. 697

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert NELSON, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 19, 2013.

Attorney(s) appearing for the Case

Michael J. Pelletier , Rachel Moran (argued), State Appellate Defender's Office, Chicago, for appellant.

Trish Joyce , State's Attorney, Morrison ( Thomas D. Arado (argued), State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice McDADE delivered the judgment of the court, with opinion.

¶ 1 Defendant Robert Nelson, who is diagnosed with Tourette's syndrome and obsessive compulsive tendencies, was charged with four counts of the crime of telephone harassment. 720 ILCS 135/1-1 (West 2010). During his bench trial, defendant presented uncontroverted expert testimony that he made the phone calls as part of a complex "tic" due to his Tourette's, and that he had no...

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