Court denied Defendant's motion to terminate his probation or alternatively to transfer his probation to Virginia, after informing court that he wanted to marry a woman stationed there.Defendant was convicted of threatening a public official, after he called the public defender's office and left a crude and offensive message that he hated everyone involved in his case, that he dreamed of revenge, and that he hoped for the judge's death and destruction. Defendant's statement was a vague, hyperbolic statement expressing Defendant's feelings, not making a true threat, as Defendant stated no serious intention to commit act of violence or to carry out threat. State failed to prove Defendant knowingly transmitted any communication to the judge. (HARRIS and MIKVA, concurring.)
Illinois Appellate Court
Criminal Court
Evidence