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PEOPLE v. PETERSON

No. 3-08-1025.

923 N.E.2d 890 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Drew PETERSON, Defendant-Appellee.

Appellate Court of Illinois, Third District.

February 10, 2010.

Attorney(s) appearing for the Case

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, James Glasgow, State's Attorney, Gary F. Gnidovee (argued), States' Attorneys Appellate Prosecutor, for Appellant.

Andrew Abood (argued), Abood Law Firm, Joel A. Brodsky (argued), Brodsky & Odeh, Chicago, IL, for Appellee.

Justice WRIGHT delivered the opinion of the court:

On May 22, 2008, the State filed a complaint against defendant Drew Peterson for unlawful use of a weapon (UUW) (720 ILCS 5/24-1(a)(7)(ii) (West 2006)), followed by a subsequent two-count indictment, filed on July 11, 2008, charging defendant with two alternate counts of the same weapons charge. Claiming vindictive and selective prosecution to be an affirmative defense, defendant filed a motion to compel discovery...

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