People v. Peterson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 2-08-1086
Decision Date: 
Friday, September 10, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed.
Justice: 
O'MALLEY
Court found Defendant unfit to stand trial because of his cognitive deficits and lack of knowledge of the legal system. Court then held a discharge hearing and found him "not not guilty" of failing to comply with sex-offender registration requirements. Evidence at hearing was insufficient, and court should thus have acquitted Defendant. The fact that Defendant gave wrong information as to his residence, when he had previously reported to the police that he was homeless, is insufficient to show that he gave false information willfully or knowingly. An offender who tries to register a real "fixed residence" but makes a mistake is not subject to the weekly reporting requirement. (BOWMAN and SCHOSTOCK, concurring.)