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The People of the State of Illinois v. Loyd Dale Allen

October 22, 2012

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
LOYD DALE ALLEN,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of Schuyler County Nos. 10DT10 10TR558 10TR559 10TR560 10CM25 Honorable Scott J. Butler, Judge Presiding.

The opinion of the court was delivered by: Justice Cook

JUSTICE COOK delivered the judgment of the court, with opinion. Presiding Justice Turner and Justice Steigmann concurred in the judgment and opinion.

OPINION

¶ 1 In January 2011, after a bench trial, defendant, Loyd Dale Allen, was found guilty in absentia of driving under the influence (DUI) (625 ILCS 5/11-501(a)(2) (West 2010)), disobeying a stop sign (625 ILCS 5/11-1204(b) (West 2010)), improper lane usage (625 ILCS 5/11-709 (West 2010)), improper use of registration (625 ILCS 5/3-703 (West 2010)), and two counts of unlawful use of a weapon (720 ILCS ILCS 5/24-1(a)(1), (a)(4) (West 2010)). In March 2011, the trial court sentenced defendant in absentia to concurrent sentences of 30 days in jail and ordered him to pay various sums, including $172.60 for emergency response restitution pursuant to section 11-501.01(c) of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501.01(c) (West 2010)).

¶ 2 Defendant appeals, arguing the trial court erred when it ordered $172.60 for emergency response restitution pursuant to section 11-501.01 of the Code. We agree, vacate the emergency response restitution, affirm as modified, and remand with directions.

¶ 3 I. BACKGROUND

¶ 4 In April 2010, the State charged defendant with DUI (625 ILCS 5/11-501(a)(2) (West 2010)), disobeying a stop sign (625 ILCS 5/11-1204(b) (West 2010)), improper lane usage (625 ILCS 5/11-709 (West 2010)), improper use of registration (625 ILCS 5/3-703 (West 2010)), and two counts of unlawful use of a weapon (720 ILCS ILCS 5/24-1(a)(1), (a)(4) (West 2010)).

¶ 5 The trial court in May, October, and November 2010 admonished defendant, in open court, he could be tried and sentenced in absentia if he failed to appear.

¶ 6 In January 2011, defendant failed to appear personally for trial. Defendant's counsel appeared and a bench trial was held in absentia.

¶ 7 Trooper Todd Stinson of the Illinois State Police testified he observed a brown Cadillac fail to stop at a stop sign at 5:42 a.m. on April 10, 2010. Stinson turned his patrol car around and followed the Cadillac. After observing other Vehicle Code violations, Stinson performed a traffic stop.

¶ 8 Stinson approached the Cadillac and observed defendant's eyes to be glassy and bloodshot. Stinson saw nine open beer cans in the backseat and smelled a strong odor of an alcoholic beverage on defendant's breath. When asked how much he had had to drink, defendant replied that he did not know. Stinson administered field sobriety tests, and, according to him, defendant failed the horizontal gaze nystagmus, walk-and-turn, and one-legged-stand tests.

¶ 9 Stinson arrested defendant for DUI. A search of defendant's person revealed a spring-loaded knife with a three- to four-inch blade in his right front pocket. At the sheriff's department, defendant, after being read the statutory "Warnings to Motorist," refused to submit to a breath alcohol test. A booking search revealed a Cheetah stun gun in a belt case on defendant's right side.

¶ 10 Master Sergeant Daniel Adams of the Illinois State Police testified he arrived while Trooper Stinson was administering the field sobriety tests. Based on his observations, he believed defendant to be under the influence.

ΒΆ 11 Defendant's counsel presented evidence from Trooper Stinson that the video recording from the incident was not operable. The trial ...


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