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PEOPLE v. RHODEN

No. 4-93-0247.

625 N.E.2d 940 (1993)

253 Ill. App.3d 805

192 Ill.Dec. 785

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Barry Dean RHODEN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 16, 1993.

Rehearing Denied January 24, 1994.

Attorney(s) appearing for the Case

Glenn A. Stanko (argued), Reno, O'Byrne & Kepley, P.C., Champaign, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Norbert J. Goetten, Director State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Denise M. Ambrose (argued), Sr. Staff Atty., for plaintiff-appellee.

Justice COOK delivered the opinion of the court:

Defendant Barry Dean Rhoden was charged with reckless homicide (Ill.Rev. Stat.1991, ch. 38, pars. 9-3(a),(b)) and driving under the influence of alcohol (DUI) (Ill.Rev.Stat.1991, ch. 95½, par. 11-501(a)(2)). A jury found defendant not guilty of reckless homicide but guilty of DUI. Judgment was entered and defendant appeals, arguing (1) his due process rights were violated because he was convicted on the basis of...

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