Appellate Court of Illinois

A conviction of driving under the influence of alcohol and a sentence of 18 months supervision and court ordered restitution, fines, and costs is affirmed as modified in part and vacated in part over claims of error regarding: 1) insufficiency of the evidence to prove him guilty beyond a reasonable doubt; 2) although the court erred by failing to hold a Frye hearing when it admitted the results of horizontal gaze nystagmus (HGN) test the error was not prejudicial and it does not warrant remand; 3) ineffective assistance of counsel for failure to request a Frye hearing or object to the HGN test results; 4) the trial court's restitution order is vacated since the state did not prove that defendant offense proximately caused Kane County DUI Task Force any out of pocket expenses; and 5) sentence is modified to reflect an eighty dollar credit toward the two hundred dollar fine for time spent in jail.

Appellate Information

• Decided 06/05/2008
• Published 06/11/2008

Judges

• Justice McLAREN delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Thomas A. Lilien, Deputy Defender, Office of the State Appellate Defender, Kathleen Weck, Office of State Appellate Defender, Elgin, IL, for Appellant.


• For Appellees:
  
• John A. Barsanti, Kane County State's Atty., St. Charles, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Elgin, Catherine A. Voigt, Attorney At Law, Glen Ellyn, IL, for Appellee.