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PEOPLE v. RUSSELL

No. 3-06-0264.

895 N.E.2d 1131 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark D. RUSSELL, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 2, 2008.

Attorney(s) appearing for the Case

Kenneth D. Brown, Office of State Appellate Defender, Ottawa, IL, for Appellant.

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Judith Z. Kelly, States' Attorneys Appellate Prosecutor, Ottawa, James Hoyle State's Attorney, Macomb, IL, for Appellee.

Justice SCHMIDT delivered the opinion of the court:

A jury found the defendant, Mark D. Russell, guilty of driving with a blood alcohol content of 0.08 or greater (625 ILCS 5/11-501(a)(1) (West 2004)) and driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2004)). The trial judge entered judgment only on the DUI count (625 ILCS 5/11-501(a)(2) (West 2004)) and sentenced defendant to one year of conditional discharge along with various fines...

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