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PEOPLE v. FREY

No. 59157.

103 Ill.2d 327 (1984)

469 N.E.2d 195

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. BRIAN J. FREY, Appellee.

Supreme Court of Illinois.

Opinion filed September 20, 1984.

Attorney(s) appearing for the Case

Neil Hartigan, Attorney General, of Springfield, and John A. Barra, State's Attorney, of Peoria (Mark L. Rotert and Kenneth A. Fedinets, Assistant Attorneys General, of Chicago, and John X. Breslin and Gary F. Gnidovec, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Joseph R. Napoli and Arthur J. Inman, of Peoria, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE UNDERWOOD delivered the opinion of the court:

Following a bench trial in the circuit court of Peoria County defendant, Brian J. Frey, was convicted of driving while under the influence of intoxicating liquor (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501) and sentenced to one year's probation conditioned upon periodic imprisonment at the Peoria County Work...

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