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PEOPLE v. HIRSCH

No. 2-03-0841.

824 N.E.2d 321 (2005)

355 Ill. App.3d 611

291 Ill.Dec. 745

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gerald HIRSCH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 24, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Linda A. Johnson (Court-appointed), Office of the State Appellate Defender, Elgin, for Gerald Hirsch.

Terry M. Kurt, JoDaviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

Following a jury trial, the defendant Gerald Hirsch was convicted of aggravated driving while under the influence (DUI) (625 ILCS 5/11-501(d)(1) (West 2002)). The trial court sentenced the defendant to a term of three years' imprisonment. The defendant appeals, arguing that (1) there was no probable cause to arrest him, (2) he was not proved guilty beyond a reasonable doubt, and (3) the trial court's written...

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