People v. Tellez

Defendant, Bonnie Tellez, was charged by information with criminal neglect of a disabled person (720 ILCS 5/12 — 21(a)(2) (West 1996)). In the information, the State referred to the offense as a Class 3 felony. Defendant moved to dismiss the information, alleging that it did not state an offense because criminal neglect of a disabled person is not a Class 3 felony. The court denied the motion but struck the language “a Class 3 FELONY” from the information. The court ruled that criminal neglect of a disabled person is an unclassified offense and therefore is a business or petty offense. The…