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PEOPLE v. MILLER

No. 2-07-0391.

916 N.E.2d 10 (2009)

333 Ill.Dec. 891

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Brandon D. MILLER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 20, 2009.

Attorney(s) appearing for the Case

John A. Barsanti, Kane County State's Attorney, St. Charles, IL, Lawrence M. Bauer, Deputy Director, State's Attorney Appellate Prosecutor, Elgin, IL, Kristine A. Karlin, Attorney At Law, Mt. Prospect, IL, for Appellant.

William P. Gibbs, Law Office of William P. Gibbs, Geneva, IL, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Brandon D. Miller, was charged by indictment in the circuit court of Kane County with two counts of hate crime (720 ILCS 5/12-7.1(a) (West 2006)) and a single count each of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2006)) and criminal defacement of property (720 ILCS 5/21-1.3(a) (West 2006)). The charges were based on allegations that defendant spray-painted anti-Semitic and antihomosexual...

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