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People v. Hamalainen

Case Date: 07/01/2003
Court: 2nd District Appellate
Docket No: 2-02-0004 Rel

No. 2--02--0004

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Lake County.
)
                 Plaintiff-Appellee, )
) Nos. 00--DT--3882
v. )          00--TR--107857
)
GREG HAMALAINEN, ) Honorable
) Thomas R. Smoker,
                 Defendant-Appellant. ) Judge, Presiding.

JUSTICE O'MALLEY delivered the opinion of the court:

Defendant, Greg Hamalainen, appeals from his sentence ofconditional discharge following his open plea of guilty to theoffense of operating a motor vehicle with a blood-alcoholconcentration in excess of 0.08 (625 ILCS 5/11--501(a)(1) (West2000)). Defendant contends that the circuit court of Lake Countyerred by holding, pursuant to section 5--6--1(d)(1) of the UnifiedCode of Corrections (Code of Corrections) (730 ILCS 5/5--6--1(d)(1)(West 2000)), that a sentence of supervision was precluded as aresult of his 1987 conviction of driving under the influence ofalcohol (DUI) in the state of Wisconsin (see Wis. Stat. Ann.