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PEOPLE v. DEA

No. 4-03-0029.

819 N.E.2d 1175 (2004)

353 Ill. App.3d 898

289 Ill.Dec. 375

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard J. DEA, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

November 30, 2004.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), John M. McCarthy, Assistant Defender, Office of the State Appellate Defender, Springfield, for Richard J. Dea.

Timothy J. Huyett, State's Attorney, Lincoln, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice APPLETON delivered the opinion of the court:

A jury convicted defendant, Richard J. Dea, of driving under the influence of alcohol (DUI) in violation of section 11-501(a)(2) of the Illinois Vehicle Code (625 ILCS 5/11-501(a)(2) (West 2000)). He appeals his conviction, claiming the trial court committed reversible error when it allowed evidence that he faced greater penalties for refusing the Breathalyzer test than for taking and failing it. We affirm.

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