May 16, 2001

JUSTICE O'MALLEY delivered the opinion of the court:

Following a bench trial, defendant, Anthony E. Rodgers, wasconvicted of driving while his license was revoked (DWLR) (625 ILCS5/6--303(a) (West 1998)). He was sentenced to 18 months'imprisonment. See 625 ILCS 5/6--303(d) (West 1998) (enhancement tofelony). He appeals, arguing that the State failed to prove thathe did not have "a restricted driving permit issued *** under thelaw of another state" (625 ILCS 5/6--303(a) (West 1998)). Weaffirm.

Defendant was charged with violating section 6--303(a) of theIllinois Vehicle Code. That section states:

"Any person who drives *** a motor vehicle on any highwayof this State at a time when such person's driver's license*** is revoked or suspended as provided by this Code or thelaw of another state, except as may be specifically allowed bya judicial driving permit, family financial responsibilitydriving permit, probationary license to drive, or a restricteddriving permit issued pursuant to this Code or under the lawof another state, shall be guilty of a Class A misdemeanor." (Emphasis added.) 625 ILCS 5/6--303(a) (West 1998).

At trial, the sole witness was Max Wilson, a Wheaton policeofficer. He testified that on June 29, 1998, he was on patrol. Atabout 1 a.m., on a public highway, he noticed a vehicle travelingwith an unlit headlight. He stopped the vehicle and askeddefendant, the driver, for his license. Defendant said that he didnot have one "on his person" but that his name was Jerry J. Foster. Wilson relayed that name to his department, which informed him thatthe name was an alias used by defendant. Wilson also learned thatdefendant's driver's license had been revoked. When Wilsonconfronted him, defendant admitted his identity, and he wasarrested.

The State submitted a certified copy of defendant's Illinoisdriving record. In that record, the Secretary of State confirmedthat defendant's license was revoked as of June 29, 1998.

Defendant moved for a directed finding, arguing that the Statefailed to disprove that he had a restricted driving permit fromanother state. Relying on People v. Ellis, 71 Ill. App. 3d 719(1979), the court denied the motion. Defendant was convicted andsentenced, and his motion to reconsider was denied. He appeals,repeating the argument that he made below.

In Ellis, the issue was virtually identical. The defendantwas charged with violating section 6--303(a), which at the timestated as follows:

"Any person who drives a motor vehicle on any highway ofthis State at a time when his drivers license *** is revokedor suspended as provided by this Act or any other Act, exceptas may be allowed by a restricted driving permit issued underthis Act, shall be guilty of a Class A misdemeanor ***." (Emphasis added.) Ill. Rev. Stat. 1977, ch. 95