People v. Newton

State: Illinois

Court: 2nd District Appellate

Docket No: 2-09-0449 Rel

Case Date: 02/23/2011

Preview:No. 2--09--0449 Opinion filed February 23, 2011 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Kendall County. ) Plaintiff-Appellee, ) ) v. ) No. 06--CF--458 ) RONALD L. NEWTON, ) Honorable ) Grant S. Wegner, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ PRESIDING JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Justices Bowman and Birkett concurred in the judgment and opinion. OPINION After a bench trial, defendant, Ronald L. Newton, was convicted of two counts of felony driving under the influence of alcohol (DUI) under section 11--501(d)(1)(A) of the Illinois Vehicle Code (Code) (625 ILCS 5/11--501(d)(1)(A) (West 2006)) and two counts of DUI under section 11--501(c--1)(4) of the Code (625 ILCS 5/11--501(c--1)(4) (West 2006)). Because the charges were based on the same conduct, the trial court entered a conviction only on one count under section 11--501(c--1)(4). This offense was a Class 1 felony because defendant had four prior convictions of DUI. See 625 ILCS 5/11--501(c--1)(4) (West 2006). The trial court sentenced defendant to 7

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