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PEOPLE v. JOHNSON

No. 99815.

842 N.E.2d 714 (2005)

218 Ill.2d 125

299 Ill.Dec. 677

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

Supreme Court of Illinois.

Dissenting Opinion Upon Denial of Rehearing February 2, 2006.

Attorney(s) appearing for the Case

Gregory L. Ryan, Urbana, for appellant.

Lisa Madigan, Attorney General, Springfield, and John C. Piland, State's Attorney, Urban (Gary Feinerman, Solicitor General, and Linda D. Woloshin and Katherine D. Saunders, Assistant Attorneys General, Chicago, of counsel), for the People.

Justice McMORROW delivered the opinion of the court:

In December 2003, defendant James "Steven" Johnson was tried before a jury in the circuit court of Champaign County for the offense of driving under the influence of alcohol. 625 ILCS 5/11-501(a)(2) (West 2002). During opening and closing argument, the prosecutor told the jury that defendant, by refusing to take a breath test, had failed to prove to the arresting officer that he was not guilty of the charged offense...

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