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PEOPLE v. CLARK

No. 2-08-0993.

935 N.E.2d 1147 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. J.D. CLARK, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 16, 2010.

Attorney(s) appearing for the Case

Gary R. Peterson , Deputy Defender (Court-appointed), Karen Munoz , Deputy Defender (Court-appointed), Nancy L. Vincent (Court-appointed), Office of the State Appellate Defender, Springfield, for J.D. Clark.

John A. Barsanti , Kane County State's Attorney, St. Charles, Lawrence M. Bauer , Deputy Director, Victoria E. Jozef , State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

After a bench trial, defendant, J.D. Clark, was convicted of Class X felony driving under the influence of alcohol (DUI), based on having six or more prior convictions of DUI (625 ILCS 5/11-501(c-16) (West 2006)), and transporting open alcohol in a motor vehicle, a petty offense (625 ILCS 5/11-502(a) (West 2006)). On the DUI offense, he was sentenced to 80 months in prison and charged a $200 DNA analysis fee (see...

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