NOVEMBER 05, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 06 CR 1984
JAMIE DIAZ, ) Honorable
) Eddie A. Stephens,
Defendant-Appellant. ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
Defendant Jamie Diaz was convicted of three counts of aggravated driving of a
vehicle under the influence of alcohol following a bench trial. The trial court sentenced
defendant to the 44 days he served in the Cook County Department of Corrections, as
time considered served, and 2 years felony probation and assessed fines and fees
including a $150 “crime lab driving under the influence (DUI) analysis” fee.
Defendant’s motion for a new trial was denied. Defendant appeals, arguing that (1) the
State failed to prove him guilty beyond a reasonable doubt, (2) his trial counsel was
ineffective, (3) the $150 crime lab DUI analysis fee should be vacated, since no lab
analysis was conducted, (4) the assessed fees should be offset by a $5-per-day
presentence credit for the 44 days he was incarcerated prior to sentencing, and (5) the
mittimus should be corrected to reflect a conviction of only one count of driving a
vehicle under the influence of alcohol.