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PEOPLE v. ELLIOTT

No. 3-02-0397.

785 N.E.2d 545 (2003)

337 Ill. App.3d 275

271 Ill.Dec. 613

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David L. ELLIOTT, Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 14, 2003.

Attorney(s) appearing for the Case

David E. Neely, Chicago, for David L. Elliott.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Joseph Hettel, LaSalle County State's Attorney, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOLDRIDGE delivered the Opinion of the court:

The defendant, David L. Elliott, was convicted of aggravated battery and driving while under the influence of alcohol (DUI). 720 ILCS 5/12-4(b)(6); 625 ILCS 5/11-501(a)(2) (West 2000). The trial court sentenced defendant to a term of probation. Defendant appeals, contending that (1) the police officer did not have authority to stop and arrest him because the officer was outside the municipality where he was employed...

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