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  5. 851 N.E.2d 266 (2006)
 

PEOPLE v. KIZER

No. 4-04-0653.

851 N.E.2d 266 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael KIZER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

June 16, 2006.

Attorney(s) appearing for the Case

Daniel D. Yuhas (Court-appointed), Nancy L. Vincent, Assistant Defender, Office of State Appellate Defender, Springfield, for Michael Kizer.

Frank Young, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Anastacia R. Brooks, Staff Attorney, Springfield, for the People.

Justice APPLETON delivered the opinion of the court:

Defendant, Michael Kizer, appeals from his convictions of driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 1998)) and driving under the influence of alcohol with a blood alcohol content of .08 grams per deciliter or more (625 ILCS 5/11-501(a)(1) (West 1998)). We vacate the latter conviction under the one-act, one-crime rule but otherwise affirm the trial court's judgment.

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