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PEOPLE v. ESPARZA

No. 2-13-0149.

16 N.E.3d 899 (2014)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Erik ESPARZA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 19, 2014.

Attorney(s) appearing for the Case

Thomas A. Lilien and Jaime L. Montgomery , both of State Appellate Defender's Office, of Elgin, for appellant.

Joseph H. McMahon , State's Attorney, of St. Charles ( Lawrence M. Bauer and Aline Dias , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Presiding Justice BURKE delivered the judgment of the court, with opinion.

¶ 1 Following a jury trial, defendant, Erik Esparza, was convicted of escape (720 ILCS 5/31-6(a) (West 2012)) and resisting or obstructing a peace officer (720 ILCS 5/31-1(a) (West 2012)), and he was sentenced to 30 months' probation and 180 days in jail. At issue in this appeal is whether (1) it was proper for defendant to be prosecuted in criminal court for escape where...

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