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PEOPLE v. MAYO

Nos. 2-88-1159, 2-88-1204.

561 N.E.2d 287 (1990)

203 Ill. App.3d 328

149 Ill.Dec. 9

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jon P. MAYO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 21, 1990.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Beth Katz, Office of the State Appellate Defender, Elgin, for Jon P. Mayo.

James E. Ryan, DuPage County State's Atty., William L. Browers, Deputy Director, State's Attorneys Appellate Prosecutor, Stephen R. Frank, Johnson, Frank, Frederick & Walsh, Urbana, for People.

Presiding Justice UNVERZAGT delivered the opinion of the court:

Defendant, Jon P. Mayo, appeals his conviction of driving under the influence of alcohol (DUI) (Ill.Rev.Stat.1987, ch. 95½, par. 11-501(a)(2)). He contends the trial court erred in giving a jury instruction based on section 11-501.5 of the Illinois Vehicle Code (Ill.Rev.Stat.1989, ch. 95½, par. 11-501.5, formerly Ill.Rev.Stat. 1987, ch. 95½, par. 11-501.4) when there was no evidence adduced...

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