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PEOPLE v. TILLERY

No. 4-85-0411.

141 Ill. App.3d 610 (1986)

490 N.E.2d 967

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff and Respondent-Appellee, v. DONALD TILLERY, Defendant-Appellant (Charles E. Theivagt, Petitioner-Appellant).

Appellate Court of Illinois — Fourth District.

Opinion filed March 6, 1986.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Karen Munoz, both of State Appellate Defender's Office, of Springfield, for appellant Donald Tillery.

Law Offices of Gustine & Theivagt, Ltd., of Carrollton (Charles E. Theivagt, pro se, of counsel), for appellant Charles E. Theivagt.

Norbert J. Goetten, State's Attorney, of Carrollton (Kenneth R. Boyle, Robert J. Biderman, and David E. Mannchen, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

JUSTICE GREEN delivered the opinion of the court:

After a trial by jury in the circuit court of Greene County, defendant, Donald Tillery, was convicted on April 16, 1985, of the following: (1) two counts charging reckless homicide (Ill. Rev. Stat. 1983, ch. 38, par. 9-3(a)); (2) one count charging driving under the influence of alcohol or other drugs (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501(a)4); and...

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