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PEOPLE v. ELIZALDE

No. 2-02-0605.

800 N.E.2d 859 (2003)

344 Ill. App.3d 678

279 Ill.Dec. 571

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Epifanio M. ELIZALDE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 3, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Epifanio M. Elizalde.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Barry W. Jacobs, Chicago, for the People.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Epifanio Elizalde, appeals from a judgment revoking his probation. Defendant's underlying conviction was his third conviction of driving under the influence of alcohol. Defendant points out that the trial court's order entering his conviction errantly states that his conviction was a Class 2 felony where a third conviction of driving under the influence of alcohol is only a Class 3 felony. Defendant argues...

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