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PEOPLE v. SCHUBERTH

No. 82-308.

115 Ill. App.3d 302 (1983)

450 N.E.2d 459

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. EUGENE SCHUBERTH, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 2, 1983.

Attorney(s) appearing for the Case

Dallas C. Ingemunson, State's Attorney, of Yorkville (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

No brief filed for appellee.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

The State appeals from a judgment of the circuit court of Kendall County after an implied consent hearing. The trial court found that defendant, Eugene Schuberth, did not refuse to complete a breathalyzer test when requested of him after having been charged with driving under the influence of intoxicating liquor. (Ill. Rev. Stat. 1981,...

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