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PEOPLE v. BAGLEY

No. 2-01-1104.

789 N.E.2d 860 (2003)

338 Ill. App.3d 978

273 Ill.Dec. 686

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph BAGLEY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 5, 2003.

Attorney(s) appearing for the Case

Peter M. Tumminaro, Law Offices of Peter M. Tumminaro, Ltd., Roselle, for Joseph Bagley.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Kristine A. Karlin, Mt. Prospect, for the People.

Justice CALLUM delivered the opinion of the court:

The State charged defendant, Joseph Bagley, with driving under the influence of alcohol (625 ILCS 5/11-501(a)(1), (a)(2) (West Supp.1999)). After the jury was sworn but before the first witness was called, the State located a videotape of defendant's arrest that was believed to be lost. The trial court sua sponte declared a mistrial and scheduled a new trial. Defendant appeals from the denial of his motion...

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