People v. Laskowski
State: Illinois
Court: 4th District Appellate
Docket No: 4-96-0677
Case Date: 04/04/1997
NO. 4-96-0677
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
Plaintiff-Appellee, ) Circuit Court of
v. ) Logan County
JESSE EARL LASKOWSKI, ) No. 95CF213
Defendant-Appellant. )
) Honorable
) Wayne C. Townley, Jr.,
) Judge Presiding.
_________________________________________________________________
JUSTICE McCULLOUGH delivered the opinion of the court:
Following a bench trial in the circuit court of Logan
County, defendant Jesse Earl Laskowski was found guilty of driving
while under the influence of alcohol (DUI), which the trial court
found to be enhanced to aggravated driving under the influence of
alcohol. 625 ILCS 5/11-501(d)(1)(A) (West 1994). Defendant was
sentenced to 30 months' probation and 60 consecutive Sundays of
periodic imprisonment. As part of his sentence, he was ordered to
pay a $1,000 fine plus $295 court costs, and refrain from the use
of drugs or alcohol during probation, undergo alcohol counseling,
and follow the counselor's recommendations. On appeal, defendant
argues his sentence should be reversed because the State failed to
prove by competent evidence the prior convictions used to enhance
his sentence in this case. We affirm.
DUI is enhanced to aggravated DUI when the defendant
commits DUI, or violates a substantially similar provision, for the
third or subsequent time. 625 ILCS 5/11-501(d)(1)(A) (West 1994).
The statute does not provide a time limit for the use of prior
commissions. The information in this case charged defendant with
"the offense of Aggravated Driving Under the
Influence of Alcohol, a Class 4 Felony in
Violation of Section 5/11-501(d)(1), Chapter
625, Illinois Compiled Statutes, in that the
said defendant drove a motor vehicle while
under the influence of alcohol, said defendant
having previously committed violations of 625
ILCS 5/11-501(a) in McLean County in 1968, in
Tazewell County in 1969, and in McLean County
in 1971."
It placed defendant on notice of the State's intention to seek an
enhanced sentence. Aggravated DUI is a Class 4 felony. 625 ILCS
5/11-501(d)(2) (West 1994). Generally, DUI is a Class A misdemean-
or. 625 ILCS 5/11-501(c) (West 1994).
Section 11-501(d)(1) of the Illinois Vehicle Code
involves the increase in the classification of an offense to seek
an enhanced sentence, thus requiring compliance with section 111-
3(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS
5/111-3(c) (West 1994)). People v. Sheehan, 168 Ill. 2d 298, 303-
04, 659 N.E.2d 1339, 1341-42 (1995). Under section 111-3(c) of the
Code, evidence of the prior commission of two or more DUIs need not
be proved by the State as an element of the offense of aggravated
DUI. 725 ILCS 5/111-3(c) (West 1994). See People v. Bowman, 221
Ill. App. 3d 663, 666, 583 N.E.2d 114, 116 (1991).
At the sentencing hearing in this case, the trial court
considered the presentence investigation report, which referred to
the following prior convictions for driving while intoxicated (DWI)
under predecessor statutes:
Case No.
Date of
Offense
Date of
Disposition
Disposition
McLean County
case No. 68-5768
8/13/68
Unavailable
$100 fine, plus costs
McLean County
case No. 68-8207
10/31/68
Unavailable
7 days in jail, plus
costs
Tazewell County
case No. 69-TR-
4681
6/20/69
7/18/69
7 days in jail,
"amended" July 31,
1969 to 12 days in
jail
McLean County
case No. 71-0406
1/18/71
Unavailable
31 days in jail, $250
fine, plus costs
At the time of these prior convictions, DWI was a misdemeanor.
See, e.g., Ill. Rev. Stat. 1967, ch. 95
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