People v. Howard

Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

In 2005, defendant, Lyndell W. Howard, was indicted for nine counts of official misconduct related to his use of a City of Pekin credit card. Six of the counts alleged that defendant violated section 33E — 16 of the Criminal Code of 1961 (720 ILCS 5/33E — 16 (West 2004)), while three counts alleged that defendant acted contrary to article VIII, section 1(a), of the Illinois Constitution of 1970 (Ill. Const. 1970, art. VIII, §l(a)). Based upon the above, the…