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PEOPLE v. BRENER

No. 2-04-0411.

830 N.E.2d 692 (2005)

357 Ill. App.3d 868

294 Ill.Dec. 280

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Thomas M. BRENER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 1, 2005.

Attorney(s) appearing for the Case

Terry M. Kurt, Jo Daviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender and Paul J. Glaser (Court-appointed), Office of the State Appellate Defender, Elgin, for Thomas M. Brener.

Justice BOWMAN delivered the opinion of the court:

On July 25, 2003, a Jo Daviess County grand jury indicted defendant, Thomas M. Brener, on two counts of aggravated driving under the influence of alcohol (625 ILCS 5/11-501(d)(1)(C) (West 2002)). On April 20, 2004, the trial court dismissed the charges as violations of defendant's right against double jeopardy. The State appeals. We affirm.

I. BACKGROUND

In Jo Daviess County, on June 26, 2003, defendant...

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