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People v. Mortensen

Court of Appeals of Illinois, Second District

June 25, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
ZACHARY C. MORTENSEN, Defendant-Appellant.

          Appeal from the Circuit Court of Du Page County, No. 15-DV-1548; Review the Hon. Jeffrey S. MacKay, Judge, presiding.

          James E. Chadd, Thomas A. Lilien, and Darren E. Miller, of State Appellate Defender's Office, of Elgin, for appellant.

          Robert B. Berlin, State's Attorney, of Wheaton (Lisa Anne Hoffman and Jaime A. Evans, Assistant State's Attorneys, of counsel), for the People.

          Panel PRESIDING JUSTICE BIRKETT delivered the judgment of the court, with opinion. Justices Schostok and Spence concurred in the judgment and opinion.

          OPINION

          BIRKETT PRESIDING JUSTICE.

         ¶ 1 Following a bench trial in the circuit court of Du Page County, defendant, Zachary C. Mortensen, was found guilty of violation of an order of protection (720 ILCS 5/12-3.4(a)(1)(i) (West 2014)) and was placed on court supervision for one year. Defendant argues that the State failed to prove his guilt beyond a reasonable doubt. We affirm.

         ¶ 2 I. BACKGROUND

         ¶ 3 On November 23, 2015, defendant's estranged wife, Lisa Marie Mortensen, obtained an emergency order of protection against him pursuant to section 214 of the Illinois Domestic Violence Act of 1986 (Act) (750 ILCS 60/214(b) (West 2014)). The order of protection was prepared on a preprinted form. It provided, in pertinent part: "[X] 2. (R03) (Police Enforced) Stay Away [X] a. Residence

[X] Respondent is ordered to stay at least 1000 feet away from the residence of the petitioner and/or protected person(s) located at [Lisa's address]; or
[ ] Respondent is prohibited from remaining at or entering while petitioner and/or protected person(s) are present at their residence currently located at [left blank] 'Stay Away' means for the respondent to refrain from both physical presence and non-physical contact whether direct, indirect (including, but not limited to telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the Order of Protection.
[X] b. Respondent is prohibited from entering or remaining while petitioner and/or protected person(s) are present at:
[X] Their place of employment at [address]
[X] Their school, located at [address]"[1]

         The order of protection was served on defendant on ...


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