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PEOPLE v. SAMPSON

No. 3-10-0237.

943 N.E.2d 783 (2011)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Donald H. SAMPSON, Defendant-Appellee.

Appellate Court of Illinois, Third District.

February 9, 2011.

Attorney(s) appearing for the Case

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, John J. Boyd, State's Attorney, Kankakee County Courthouse, Richard T. Leonard (argued), State's Attorneys Appellate Prosecutor, for People.

Jay Wiegman (argued) (Court-appointed), Office of the State Appellate Defender, for Donald H. Sampson.

OPINION

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

The defendant, Donald H. Sampson, was charged by indictment with two counts of aggravated battery (720 ILCS 5/12-4(b)(18) (West 2008)) and one count of resisting a correctional institution employee (720 ILCS 5/31-1(a), (a-7) (West 2008)). The defendant filed a motion to dismiss the indictment. At the evidentiary hearing, the circuit court found that the prosecutor engaged...

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