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People v. McNairy

Case Date: 12/15/1999
Court: 2nd District Appellate
Docket No: 2-98-0682

People v. McNairy, No. 2-98-0682

2nd District, 15 December 1999

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

EARL McNAIRY,

Defendant-Appellant.

 Appeal from the Circuit Court of Du Page County.

No. 94--CF--2707

Honorable Michael J. Burke, Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:

Defendant, Earl McNairy, appeals from the trial court's order revoking his probation and sentencing him to a two-year prison term for theft (720 ILCS 5/16--1(a)(2)(A) (West 1994)). On appeal, defendant argues that the trial court improperly ordered him to testify as the State's adverse witness in the probation revocation proceeding. Defendant contends that article I, section 10, of the Illinois Constitution (Ill. Const. 1970, art. I,