People v. Wilson

Docket No. 98111–Agenda 9–January 2005.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. HOWARD W. WILSON, Appellee.

Opinion filed March 24, 2005.

The State charged defendant, Howard W. Wilson, with two counts of domestic battery (720 ILCS 5/12–3.2(a)(1), (a)(2) (West 2002)). Defendant moved to dismiss the charges, arguing that the domestic battery statute is unconstitutionally vague. Following an evidentiary hearing, the circuit court of Douglas County found the statute unconstitutionally vague as applied to defendant and granted the motion to dismiss. The trial court denied the State’s…