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PEOPLE v. WINKLER

No. 1-92-1984.

618 N.E.2d 661 (1993)

248 Ill. App.3d 954

188 Ill.Dec. 91

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kenneth WINKLER, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

June 17, 1993.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Jon J. Walters and Susan Schierl, of counsel), for plaintiff-appellant.

Rita A. Fry, Public Defender, Chicago (R.H.R. Silvertrust, of counsel), for defendant-appellee.

Justice HOFFMAN delivered the opinion of the court:

Defendant was indicted for felony driving under the influence of alcohol (DUI) allegedly based on two prior convictions for DUI: one in 1988 and the other in 1983. (Ill.Rev.Stat.1989, ch. 95½, par. 11-501(d)(1).) Defendant filed a motion challenging the indictment because, after he pled guilty to the 1983 DUI, he was only placed on supervision which was terminated satisfactorily. Defendant argued that

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