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PEOPLE v. MILLER

No. 63186.

55 Ill. App.3d 1047 (1977)

371 N.E.2d 917

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH B. MILLER, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 21, 1977.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (David W. Hirschboeck, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Paul Benjamin Linton, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Miss JUSTICE McGILLICUDDY delivered the opinion of the court:

In a bench trial the defendant, Joseph Miller, was found guilty of driving a motor vehicle while under the influence of intoxicating liquor (Ill. Rev. Stat. 1973, ch. 95 1/2, par. 11-501(a)). Miller was fined $505; no jail sentence was imposed. From the judgment of conviction this appeal has been brought.

Miller, then a 20-year-old student, was arrested by Officer...

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