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PEOPLE v. CANTLIN

No. 2-03-0668.

811 N.E.2d 270 (2004)

348 Ill.App.3d 998

285 Ill.Dec. 29

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven M. CANTLIN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 4, 2004.

Attorney(s) appearing for the Case

Wayne E. Brucar, Brucar & Yetter, P.C., Glen Ellyn, for Steven M. Cantlin.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, Paul Benjamin Linton, Northbrook, for the People.

Presiding Justice O'MALLEY delivered the opinion of the court:

Following a jury trial, defendant, Steven M. Cantlin, was convicted of driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 2002)). Defendant appeals, contending that (1) the trial court improperly allowed the State to introduce evidence of an open bottle of vodka found in defendant's car; (2) he was deprived of due process because the State destroyed the bottle before trial; and (3) he...

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