NO. 4-07-0018 Filed 8/13/08
IN THE APPELLATE COURT
THE PEOPLE OF THE STATE OF ILLINOIS,
CHAD A. HOSTETTER,
Circuit Court of
Robert M. Travers,
JUSTICE MYERSCOUGH delivered the opinion of the court:
In November 2006, a jury found defendant, Chad A.
Hostetter, guilty of driving under the influence (DUI) (625 ILCS
5/11-501(a)(2) (West 2006)). In January 2007, the trial court
sentenced defendant to 24 months' probation with the condition
that he serve 30 days' imprisonment with credit for 15 days
Defendant appeals, arguing the State (1) committed
plain error when, during direct examination and the State's case
in chief, the State elicited testimony that defendant invoked his
right to silence by asking for an attorney and (2) failed to
prove him guilty beyond a reasonable doubt.
Because the State did not commit error when it elicited
testimony that defendant requested counsel and the State
presented sufficient evidence of defendant's guilt, we affirm.