Appellate Court of Illinois July 8, 1982, No. 81-578 (People v. Batchelder)

JUSTICE HEIPLE,

specially concurring:

I agree with the dismissal of the People’s appeal for the reasons stated in the majority opinion. The opinion is remiss, however, in failing to point out the trial judge’s error. It deserves to be pointed out because the judge’s error resulted in the acquittal of an obviously guilty drunken driver. Thus, justice has miscarried.