PEOPLE v. McPEAK

No. 2-08-0572.

927 N.E.2d 312 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Samuel W. McPEAK, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 16, 2010.


Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Kathleen J. Hamill, Office of the State Appellate Defender, Elgin, IL, for Samuel W. McPeak.

Henry S. Dixon, Lee County State's Attorney, Dixon, IL, Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, IL, Robert J. Biderman, John E. Teefey, State's Attorneys Appellate Prosecutor, Springfield, IL, for People of the State of Illinois.


Justice JORGENSEN delivered the opinion of the court:

Samuel W. McPeak appeals his conviction of driving under the influence of cannabis (DUI) under section 11-501(a)(6) of the Illinois Vehicle Code (625 ILCS 5/11-501(a)(6) (West 2004)), contending that there was insufficient evidence to convict him, because there was no evidence of the presence of cannabis "in [his] breath, blood, or urine" as required by that section. We agree that there was a lack of evidence that...

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