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PEOPLE v. HENDERSON

No. 3-02-0005.

789 N.E.2d 774 (2003)

336 Ill. App.3d 915

273 Ill.Dec. 600

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas C. HENDERSON, Defendant-Appellant.

Appellate Court of Illinois, Third District.

As Modified Upon Denial of Rehearing March 12, 2003.

Attorney(s) appearing for the Case

Mark D. Fisher and Robert Agostinelli, both of State Appellate Defender's Office, of Ottawa, for appellant.

William Poncin, State's Attorney, of Macomb (John X. Breslin and Rita Kennedy Mertel, both of State's Attorneys Appellate Prosecutor's Office of counsel), for the People.

MODIFIED UPON DENIAL OF REHEARING

Justice HOLDRIDGE delivered the Opinion of the court:

A jury found the defendant, Thomas C. Henderson, guilty of driving under the influence of alcohol (DUI), which is a Class A misdemeanor (625 ILCS 5/11-501(a)(2), (c) (West 1998)). He was sentenced to 30 days' incarceration in the county jail. The sentencing order also stated that he was to pay a $2,500 public defender fee (725 ILCS 5/113-3.1(b) (West 2000)). Under section...

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