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PEOPLE v. BLACKORBY

No. 71522.

586 N.E.2d 1231 (1992)

146 Ill.2d 307

166 Ill.Dec. 902

The PEOPLE of the State of Illinois, Appellant, v. Charles BLACKORBY, Appellee.

Supreme Court of Illinois.

January 23, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield (Rosalyn B. Kaplan, Sol. Gen., and Terence M. Madsen and Thomas L. Ciecko, Asst. Attys. Gen., Chicago, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender and Edwin J. Anderson, Asst. Defenders, of the Office of the State Appellate Defender, Mt. Vernon, for appellee.

Justice CUNNINGHAM delivered the opinion of the court:

Defendant, Charles Blackorby, was charged by the State's Attorney of Effingham County with a Class 3 felony for each of the following:

"Operation of a motor vehicle while in possession of an intoxicating liquor, in violation of sec. 392.5(a)(3), ch. 18b, Motor Carrier Safety Regulations, Ill.Rev. Stat.1989, ch. 95½ Driving while under the influence of alcohol [illegal consumption of alcohol...

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