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PEOPLE v. JOHNSON

No. 4-04-0127.

819 N.E.2d 1233 (2004)

353 Ill. App.3d 954

289 Ill.Dec. 433

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James S. JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 3, 2004.

Attorney(s) appearing for the Case

Gregory L. Ryan, Gregory L. Ryan Law Offices, Urbana, for James S. Johnson.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice COOK delivered the opinion of the court:

Defendant, James S. Johnson, appeals from his conviction for driving under the influence (DUI) November 29, 2004 (625 ILCS 5/11-501(a)(2) (West 2002)). On appeal, defendant argues that (1) the guilty verdict was against the manifest weight of the evidence, (2) the prosecutor's remarks during closing arguments about defendant's refusal to submit to a breath test were prosecutorial misconduct, (3) defense counsel's failure...

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