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PEOPLE v. SCHAEFER

Nos. 2-08-0218, 2-08-0219.

924 N.E.2d 1176 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John R. SCHAEFER, Defendant-Appellant. The People of the State of Illinois, Plaintiff-Appellee, v. John R. Schaefer, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 23, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender Josette Skelnik, Office of the State Appellate Defender (court-appointed), for John R. Schaefer in No. 2-08-0218.

John A. Barsanti, Kane County State's Atty., St. Charles, Lawrence M. Bauer, Deputy Director, Victoria E. Jozef, State's Attys. Appellate Prosecutor, Elgin, for the People in No. 2-08-0218.

Thomas A. Lilien, Deputy Defender (court-appointed), Office of the State Appellate Defender, for John R. Schaefer in No. 2-08-0219.

John A. Barsanti, Kane County State's Atty., Lawrence M. Bauer, Deputy Director, Richard S. London, State's Attys. Appellate Prosecutor, for the People in No. 2-08-0219.

Justice JORGENSEN delivered the opinion of the court:

After a joint trial on misdemeanor and felony charges, a jury convicted defendant, John R. Schaefer, of aggravated driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2004)), transportation of open alcohol (625 ILCS 5/11-502(a) (West 2004)), improper lane usage (625 ILCS 5/11-709(a) (West 2004)), and resisting or obstructing a police officer (720 ILCS 5/31 (West 2004)). On February 21, 2008...

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