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PEOPLE v. BENNETT

Nos. 2-95-0231, 2-94-1411.

672 N.E.2d 799 (1996)

284 Ill. App.3d 276

219 Ill.Dec. 946

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John L. BENNETT, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 16, 1996.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender and Thomas A. Lilien, Asst. Defender, Office of State Appellate Defender, Elgin, for John L. Bennett.

Daniel A. Fish, Lee County State's Attorney, Dixon, William L. Browers, Deputy Director, State's Attorney, Appellate Prosecutor, Elgin, and Constance Augsburger, Law Offices of Dennis Schumacher, P.C., Mt. Morris, for the People of the State of Illinois.

Justice INGLIS delivered the opinion of the court:

Defendant, John L. Bennett, appeals the judgment of the circuit court of Lee County denying his petitions for habeas corpus and mandamus. We affirm.

On September 25, 1993, defendant was charged with driving while under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 1994)) and driving with a breath-alcohol concentration of 0.10 or more (625 ILCS 5/11-501(a)(1) (West 1994)), both misdemeanors...

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