People v. McGee

I note that defendant raised the issue of sufficiency of the State’s evidence in the trial court, but failed to raise this issue on appeal. In this case, there is no evidence that defendant was under the influence of alcohol at the time he drove the automobile. No reasonable trial strategy supports the omission of this issue on appeal. The State failed to prove an essential element of the offense and we should not permit the judgment of conviction to stand. The law is well settled that "plain errors affecting substantial rights of the accused may be considered by this court notwithstanding…