PEOPLE v. LUTH

No. 4-01-0165.

780 N.E.2d 740 (2002)

335 Ill. App.3d 175

269 Ill.Dec. 268

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gary M. LUTH, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

November 20, 2002.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Courts-appointed), Judith L. Libby, Assistant Defender, Office of State Appellate Defender, Springfield, Daniel M. Kirwan, Deputy Defender (Court-appointed), Office of State Appellate Defender, Mt. Vernon, for Gary Luth.

Diane Sipich, State's Attorney, Tuscola, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Defender, State's Attorneys Appellate Prosecutor, Springfield, for the People.


Justice TURNER delivered the opinion of the court:

In October 2000, the State charged defendant, Gary M. Luth, with the offense of driving with a blood-alcohol concentration of 0.08 or more (625 ILCS 5/11-501(a)(1) (West 2000)). In January 2001, a jury returned a verdict of guilty. Thereafter, the trial court sentenced defendant to 30 days in jail, 18 months' probation, along with over $600 in fines. On appeal, defendant argues the State's use of his serum blood-alcohol...

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