People v. Prouty

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0111 Rel

Case Date: 09/08/2008

Preview:No. 2--07--0111 Filed: 9-8-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 06--CF--2826 ) EDMUND T. PROUTY, ) Honorable ) Mitchell L. Hoffman, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: After a bench trial, defendant, Edmund T. Prouty, was convicted of aggravated driving under the influence of alcohol (DUI) (625 ILCS 5/11--501(d)(1)(A) (West 2006)). The trial court treated the offense as a Class 2 felony and sentenced defendant to three years' imprisonment. The court denied defendant's motion to reconsider his sentence, and he appeals. On appeal, defendant argues that he should have been sentenced for a Class 4 felony, not a Class 2 felony. Defendant asserts that Public Act 94--116 (Pub. Act 94--116, eff. January 1, 2006), insofar as it changed the law by making aggravated DUI a Class 2 felony, was implicitly repealed by Public Act 94--609 (Pub. Act 94--609, eff. January 1, 2006). We hold that, because the two acts do not irreconcilably conflict, the second did not repeal the first. Thus, we affirm. The indictment against defendant alleged that, on April 28, 2006, he committed aggravated DUI (625 ILCS 5/11--501(d)(1)(A) (West 2006)) by committing DUI (625 ILCS 5/11--501(a) (West

No. 2--07--0111 2006)) for the third or subsequent time. The indictment stated that aggravated DUI was a Class 2 felony. The trial court found defendant guilty and sentenced him to three years' imprisonment, the minimum for a Class 2 felony (730 ILCS 5/5--8--1(a)(5) (West 2006)). Defendant moved to reconsider the sentence, arguing that, under subsection (d)(2) of section 11--501 of the Illinois Vehicle Code (625 ILCS 5/11--501(d)(2) (West 2006)), aggravated DUI was a Class 4 felony. (We shall refer to section 11--501 of the Illinois Vehicle Code as "the DUI statute.") Defendant cited the DUI statute generally but did not rely on Public Act 94--609. The trial court denied the motion, observing that Public Act 94--116 had made aggravated DUI a Class 2 felony (see Pub. Act 94--116,

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