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PEOPLE v. GALLEGOS

No. 3-97-0247.

689 N.E.2d 223 (1997)

293 Ill. App.3d 873

228 Ill.Dec. 351

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Vince E. GALLEGOS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied February 3, 1998.

Attorney(s) appearing for the Case

Donald J. Ramsell, Ramsell & Armamentos, Wheaton, for Vince E. Gallegos.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Joseph Birkett, Du Page County State's Attorney, Wheaton, J. Paul Hoffmann, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOMER delivered the opinion of the court:

After a bench trial, the defendant was convicted of driving under the influence of alcohol (625 ILCS 5/11-501 (West 1994)). On appeal, he contends that the 1995 amendment to section 5/1-6 of the Criminal Code of 1961 (720 ILCS 5/1-6 (West Supp.1995)), which provides that the State is no longer required to prove venue at trial, is unconstitutional. He argues, therefore, that his conviction must be reversed because the...

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