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PEOPLE v. SCHLABACH

No. 2-10-0248.

965 N.E.2d 585 (2012)

358 Ill. Dec. 514

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel L. SCHLABACH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 31, 2012.

Attorney(s) appearing for the Case

Thomas A. Lilien , Deputy Defender (Court-appointed), Mark G. Levine (Court-appointed), Office of the State Appellate Defender, Elgin, for Daniel L. Schlabach.

Michael J. Waller , Lake County State's Attorney, Waukegan ( Lawrence M. Bauer , Deputy Director, Joan M. Kripke , State's Attorneys Appellate Prosecutor, of counsel), for the People.

OPINION

Justice BIRKETT delivered the judgment of the court, with opinion.

¶ 1 Defendant, Daniel L. Schlabach, appeals from the dismissal of his petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2008)) in which he sought to vacate his 2002 conviction of aggravated driving under the influence of alcohol (aggravated DUI) (625 ILCS 5/11-501(d)(2) (West 2000)). That conviction...

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