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PEOPLE v. LURZ

No. 2-06-0503.

885 N.E.2d 433 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Wayde J. LURZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 10, 2008.

Attorney(s) appearing for the Case

James K. Leven (Court-appointed), Chicago, for Wayde J. Lurz.

John H. Vogt, Stephenson County State's Attorney, Freeport, Lawrence M. Bauer, Deputy Director, Cynthia N. Schneider, State's Attorney Appellate Prosecutor, Elgin, for the People.

Presiding Justice BYRNE delivered the opinion of the court:

Following a jury trial, defendant, Wayde J. Lurz, appeals his conviction of driving while under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2006)). On appeal, he raises three issues: (1) lack of probable cause to arrest; (2) insufficient evidence of driving while under the influence; and (3) erroneous jury instructions. For the reasons that follow, we affirm.

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