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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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