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PEOPLE v. NIEMEYER

No. 5-92-0389.

612 N.E.2d 975 (1993)

243 Ill. App.3d 875

184 Ill.Dec. 99

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael A. NIEMEYER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 26, 1993.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Michelle A. Zalisko, Asst. Defender, Office of State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for defendant-appellant.

Kevin Parker, State's Atty., Effingham, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Atty., Office of State's Atty. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice MAAG delivered the opinion of the court:

The defendant, Michael A. Niemeyer, was convicted by a jury of driving under the influence of alcohol (Ill.Rev.Stat.1991, ch. 95½, par. 11-501(c)) and driving while license revoked (Ill.Rev.Stat.1991, ch. 95½, par. 6-303(a)). Both offenses were charged and tried as Class 4 felonies because the defendant had previously been convicted of driving under the influence of alcohol and driving while license revoked...

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