NO. 4-08-0184 Filed 12/19/08
IN THE APPELLATE COURT
THE PEOPLE OF THE STATE OF ILLINOIS,
DAVID M. LEEZER,
Circuit Court of
William O. Mays,
JUSTICE KNECHT delivered the opinion of the court:
In March 2007, the State charged defendant, David M.
Leezer, with violating an order of protection (720 ILCS 5/12-30
(West 2006)) for coming within 1,000 feet of Brandy Huber's
residence. Following a November 2007 conviction, the trial court
granted defendant's motion for judgment n.o.v.
The State appeals, arguing the stay-away provision of
the order of protection precluded defendant from entering a
1,000-foot radius of Brandy's home. We reverse.
In November 2006, the trial court issued an order of
protection against defendant, which required him to stay 1,000
feet away from Brandy's residence. The preprinted order-of-protection
form was created by the Conference of Chief Circuit
Judges. Section 2 of Part A of the form coincides with section
214(b)(3), the "stay away" provision, of the Illinois Domestic