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PEOPLE v. THOMAN

No. 5-01-0127.

770 N.E.2d 228 (2002)

329 Ill. App.3d 1216

264 Ill.Dec. 334

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ken A. THOMAN, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted May 24, 2002.

Opinion Filed May 24, 2002.

Attorney(s) appearing for the Case

Lou J. Viverito, Taylor Law Offices, P.C., Effingham, for Appellant.

Steve Friedle, State's Attorney, Payette County, Vandalia; Stephen E. Norris, Deputy Director, Sharon Shanahan, Contract Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice WELCH delivered the opinion of the court:

Ken A. Thoman (defendant) appeals from his conviction, following a jury trial in the circuit court of Fayette County, for driving with a blood alcohol concentration of 0.08 or more in violation of section 11-501(a)(1) of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501(a)(1) (West 2000)). He raises two issues on appeal: whether the evidence presented at the trial was sufficient to prove him guilty beyond a reasonable...

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