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PEOPLE v. RIGSBY

No. 5-06-0639.

890 N.E.2d 1146 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dean RIGSBY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 24, 2008.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, IL, for Appellant.

Robert Haida, State's Attorney, Belleville, IL; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharon Shanahan, Contract Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.

Justice WELCH delivered the opinion of the court:

After a jury trial, the defendant, Dean Rigsby, was found guilty of driving under the influence of alcohol with a blood-alcohol content of .08 or more (625 ILCS 5/11-501(a)(1) (West 2004)). On appeal, the defendant argues that the State failed to prove him guilty beyond a reasonable doubt because the State failed to prove that the breath-analysis instrument was properly certified before and after the defendant's breath...

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