Following a bench trial in the circuit court of Johnson County, William R. Barham(defendant) was convicted of two counts of reckless homicide arising from an automobileaccident. Defendant was sentenced to a term of four years' imprisonment and an additionalterm of mandatory supervised release on each count. The sentences were to runconcurrently. On appeal, defendant contests the sufficiency of the evidence to support theconvictions. Defendant also contends that the trial court erred in its rulings on a number ofevidentiary issues and in sentencing defendant on each count of reckless homicide when theconvictions were based on the same acts.

A fatal automobile accident occurred on Illinois Route 147, approximately one-halfmile north of Simpson, Illinois, between 11:30 p.m. and midnight on October 14, 2000. Defendant and Jerry Isom, both of whom were employees of the Illinois Department ofCorrections, were in the vehicle. The vehicle went off the roadway and down anembankment and crashed into a tree. Jerry Isom died as a result of massive injuries hesuffered in this accident.

The evening had started with a fund-raising event for a state representative. Defendant drove to the Harrisburg airport, along with Jerry Isom, to transport the Directorof Corrections to the event. Defendant, the warden at Shawnee Correctional Center, wasdriving his state-issued Chevrolet Impala. The fund-raiser was held at Southeastern IllinoisCollege. Alcoholic beverages were not served. After about an hour, the director indicatedthat he was ready to leave. Defendant and Jerry Isom transported him back to the airport andthen met some colleagues at the Lakeside Bar and Grill (Lakeside). They arrived atLakeside a little before 6 p.m.

Major Mike Mott, a corrections supervisor and friend of defendant, testified that hebought the first round of drinks. He ordered a Miller Lite beer for defendant. No one elsein the party was drinking that brand of beer. Mott testified that he saw defendant drink onlyone beer that night. He stated that defendant left the table and went to his car several timesthroughout the evening to make telephone calls. Mott said that defendant was making calls because of an incident that occurred when they had first arrived at Lakeside. A politicianhad approached the table and expressed his displeasure that the men had attended the fund-raiser. Mike Mott testified that he was a friend of defendant and that he knew him well. Henoted that defendant had been sick for several days preceding the fund-raiser.

There was conflicting evidence regarding the amount of alcohol that defendant hadbeen served that evening. The State called three servers from Lakeside, who stated that theyhad worked defendant's table. Amanda Hogg testified that she served defendant one beerat about 7 p.m. and that she did not see him after his group moved to a table outside. AshleyRoper, who worked 14