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People v. Bostelman

Case Date: 09/28/2001
Court: 2nd District Appellate
Docket No: 2-00-0850 Rel

September 28, 2001

No. 2--00--0850

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

 
THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellee,

v.


JEFFREY A. BOSTELMAN,

          Defendant-Appellant.

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)		 Appeal from the Circuit Court
of Du Page County.



No. 99--DT--3572


Honorable
Kathryn E. Creswell,
Judge, Presiding.
 

JUSTICE O'MALLEY delivered the opinion of the court:

Following a bench trial, defendant, Jeffrey Bostelman, wasconvicted of driving under the influence of alcohol (625 ILCS 5/11--501(a)(2) (West 1998)). On this appeal he argues that (1) histrial counsel provided ineffective assistance for not seeking toexclude, as lacking foundation, the arresting officer's testimonyconcerning the field sobriety tests defendant underwent and thearresting officer's opinion concerning defendant's state ofintoxication; and (2) there was insufficient evidence to convicthim of driving under the influence of alcohol. We reject botharguments and affirm.

BACKGROUND

On September 2, 1999, defendant was charged with driving underthe influence of alcohol (625 ILCS 5/11--501(a)(2) (West 1998)),operating a motorcycle with illegal handlebars (625 ILCS 5/11--1403(c) (West 1998)), and speeding (625 ILCS 5/11--601(b)(West1998)).

At the beginning of defendant's bench trial, the court grantedthe State's motion to nol-pros the illegal handlebars charge. Officer Darrell Klunk testified for the State that on September 2,1999, he had been a police officer with the Village of Lombard for 2