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PEOPLE v. SMITH

No. 2-91-1461.

617 N.E.2d 837 (1993)

248 Ill. App.3d 351

187 Ill.Dec. 380

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Walter H. SMITH, Defendant-Appellee.

Appellate Court of Illinois, Second District.

July 29, 1993.

Attorney(s) appearing for the Case

Daniel A. Fish, Lee County State's Atty., Dixon, William L. Browers, Deputy Director, Lawrence M. Bauer, State's Attys. Appellate Prosecutors, Elgin, for the People.

Al Henry Williams, Dixon, for Walter H. Smith.

Justice BOWMAN delivered the opinion of the court:

Defendant, Walter H. Smith, was indicted for aggravated driving under the influence of alcohol (DUI) and driving with a blood-alcohol concentration (BAC) of 0.10 or more, which acts resulted in great bodily harm to another (counts I, II) (Ill.Rev.Stat. 1989, ch. 95½, par. 11-501(d)(3) (now 625 ILCS 5/11-501(d)(3) (West 1992)); he was also indicted for DUI and driving with a BAC of 0.10 or more (counts III, IV...

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