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PEOPLE v. LIBBERTON

No. 2-02-0075.

807 N.E.2d 1 (2003)

346 Ill. App.3d 912

282 Ill.Dec. 705

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William T. LIBBERTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Granted November 4, 2003.

Supplemental Opinion on Rehearing March 29, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Darren E. Miller (Court-appointed), Office of the State Appellate Defender, Elgin, for William T. Libberton.

Glen R. Weber, Jo Daviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Cynthia N. Schneider, State's Attorney Appellate Defender, Elgin, for the People.

Justice KAPALA delivered the opinion of the court:

Defendant, William T. Libberton, appeals from his convictions of driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1), (a)(2) (West 2000)) (two counts, one of which was merged into the other) and false report of a vehicle theft (625 ILCS 5/4-103(a)(6) (West 2000)). We now affirm.

I. BACKGROUND

Defendant was charged by indictment with one count of false report of a vehicle theft and...

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