People v. Stults
State: Illinois
Court: 2nd District Appellate
Docket No: 2-96-0946
Case Date: 07/18/1997
No. 2--96--0946
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
_________________________________________________________________
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, ) No. 95--CM--636
)
v. )
)
NANETTE M. STULTS, ) Honorable
) George J. Bakalis,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________
JUSTICE COLWELL delivered the opinion of the court:
Defendant, Nanette M. Stults, appeals her conviction of
practicing nursing without a license in violation of the Illinois
Nursing Act of 1987 (Nursing Act) (225 ILCS 65/1 et seq. (West
1996)). On appeal, Stults contends that she should be awarded a
new trial because the trial court erroneously sustained an
objection at trial. In the alternative, Stults argues that her
conviction should be reversed because (1) she was not proved guilty
beyond a reasonable doubt; (2) the provisions of the Nursing Act
prohibiting the unlicensed practice of nursing are
unconstitutional; and (3) newly discovered evidence demonstrates
that the trial court's finding of guilt was erroneous. We affirm.
The record shows that Stults is an unlicensed medical
assistant. After graduating from high school in Illinois, Stults
enrolled in a medical assistant's program at Catholic Medical
Academy in Wisconsin. Upon completing the one-year program, Stults
entered an internship in pediatrics. During her internship, Stults
studied anatomy, physiology, X-ray procedures, physical assessment
procedures, blood-drawing procedures, and immunization procedures,
among other tasks.
After completing her internship, Stults worked in a pediatric
clinic located in a medical-surgical clinic in Milwaukee as a
"pediatric nurse." While working at the clinic, Stults enrolled in
Marquette University, taking child psychology and infant and
toddler nutrition courses. Upon completing the classes at
Marquette, Stults enrolled in a registered nurse (RN) program at
Milwaukee Technical College. Stults completed approximately 20
months of courses before dropping the program "in academic good
standing." At trial, Stults testified that she had to leave the
program because her husband worked for the air force and was
transferred to California.
Stults returned to Illinois from California in 1973. In 1980,
she started to work for a pediatrician in Downers Grove. Stults
testified that her responsibilities at the Downers Grove office
consisted of what she had been doing "years before in pediatric
nursing." The pediatrician Stults worked for in the Downers Grove
office left shortly after Stults arrived. Stults, however,
remained working at the office for the new pediatrician, Dr.
Koteswara Batchu.
Stults testified that her duties remained the same while
working for Dr. Batchu. Mainly, she assessed physical measurements
of children and placed the measurements on medical charts. Stults
also administered immunizations to children.
Stults next went to work for Dr. Lynn. She worked for Dr.
Lynn for over 11 years, performing essentially the same duties as
she had with Dr. Batchu. Stults left Dr. Lynn to work for General
Pediatrics in June 1991. Stults stated that she learned about the
position at General Pediatrics because General Pediatrics was
located one floor below Dr. Lynn's office in the medical center.
Stults said that a nurse in General Pediatrics, Patricia Reidy,
talked to her during her lunch hour and asked her to consider
working for General Pediatrics. Stults stated that she never told
Reidy that she was a registered nurse and that she never asked
Reidy about her credentials.
Stults testified that Dr. Michael Steinken, a doctor at
General Pediatrics, called her in May 1991. Stults stated that he
said he "was in desperate need" to fill Reidy's position and asked
whether she would take the position. Stults declined. Dr.
Steinken called Stults again on June 9, 1991. Dr. Steinken asked
whether Stults had reconsidered her position and the two scheduled
an interview for the following day.
Stults testified that she met with Dr. Steinken during her
lunch hour on June 10. She said that she brought him her r
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