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People v. Miller

OPINION FILED DECEMBER 21, 1977.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JOSEPH B. MILLER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. IRVING KIPNIS, Judge, presiding.

MISS JUSTICE MCGILLICUDDY DELIVERED THE OPINION OF THE COURT:

In a bench trial the defendant, Joseph Miller, was found guilty of driving a motor vehicle while under the influence of intoxicating liquor (Ill. Rev. Stat. 1973, ch. 95 1/2, par. 11-501(a)). Miller was fined $505; no jail sentence was imposed. From the judgment of conviction this appeal has been brought.

Miller, then a 20-year-old student, was arrested by Officer Paul W. Barkley of the Midlothian Police Department on June 21, 1975. He was charged by complaint with driving under the influence of intoxicating liquor. On September 19, 1975, the defendant appeared before the court and the following colloquy took place:

"The Court: Are you Mr. Joseph Miller?

Defendant: Yes, sir.

The Court: Are you represented by counsel?

Defendant: No, sir.

The Court: Do you want to be?

Defendant: I couldn't afford it, Your Honor.

The Court: Are you employed?

Defendant: No, sir.

The Court: You have one charge here, sir, that is punishable by up to a year in jail, a thousand dollar fine or both, driving under the influence of intoxicating liquor. If you want to fill out a financial statement we can determine from that whether you qualify for the Public Defender.

Defendant: Fine, Your ...


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