 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Malin8/5/2005
Following a partially negotiated guilty plea, the defendant, David Malin, was convicted of four counts of reckless homicide (720 ILCS 5/9--3(a), (c)(1), (e--5) (West 2002)) and was sentenced to 4 concurrent terms of 10 years' imprisonment. On appeal, the defendant raises numerous challenges to the propriety of his sentence. We affirm.
On March 16, 2002, the defendant was driving east on Highway 12 in Richmond. Shortly before 11:38 p.m., his vehicle crossed the center line of the road, striking a minivan. All four occupants of the minivan were killed. The defendant was intoxicated at the time of the accident, having a blood-alcohol level exceeding .08.
On May 23, 2002, the defendant was charged by indictment with 16 counts of alcohol-related reckless homicide (720 ILCS 5/9--3(a), (c)(1), (e--5) (West 2002)), a Class 2 felony, and 4 counts of aggravated driving under the influence of alcohol (aggravated DUI) (625 ILCS 5/11--501(a) (West 2002)), a Class 4 felony.
In 2003, the Illinois General Assembly amended both the reckless homicide statute and the aggravated DUI statute. Pub. Act 93--213, eff. July 18, 2003. The Illinois General Assembly removed language from the reckless homicide statute that elevated that offense to a Class 2 felony if two or more people were killed in a vehicular accident in which the defendant was under the influence of alcohol. Pub. Act 93--213, eff. July 18, 2003. The Illinois General Assembly placed similar language in the aggravated DUI statute, elevating the offense from a Class 4 felony to a Class 2 felony if two or more fatalities resulted from the offense. Pub. Act 93--213, eff. July 18, 2003. Senator Watson explained why these statutes were being amended:
"[There were] some concerns about a Supreme Court decision that struck down a Section of the reckless homicide statute. And in that particular case, the court found unconstitutional the presumption that any person driving under the influence necessarily drives recklessly in a reckless homicide law. What this does is it amends and addresses the Court's decision by adding a new subsection to the aggravated DUI statute, and this new subsection incorporates the Section of reckless homicide statute that was struck down into the aggravated DUI statute into the Vehicle Code." 93rd Ill. Gen. Assem., Senate Proceedings, April 3, 2003, at 41 (statements of Senator Watson).
Senator Watson later further explained:
"[These changes are] in response to an Illinois Supreme Court decision in regard to a case called People versus Pomykala. And in that case, the court struck down the current DUI reckless homicide statute as unconstitutional. These amendments--the first amendment requires truth in sentencing for a violation of the new aggravated DUI death subsection *. It increases the penalties to a limited extent for the violation of a new aggravated DUI statute, and it also eliminates the current reckless homicide statute as it relates to DUI homicides. And this--elimination is needed because the new aggravated DUI section replaces the corresponding reckless homicide Section." 93rd Ill. Gen. Assem., Senate Proceedings, May 31, 2003, at 172 (statements of Senator Watson).
On January 23, 2004, pursuant to a partially negotiated plea agreement, the defendant pled guilty to four counts of reckless homicide as the statute existed at the time of the commission of the offense. 720 ILCS 5/9--3(a), (c)(1), (e-5) (West 2002). In exchange for his plea, the State dismissed the remaining 16 counts pending against the defendant. In announcing the plea agreement, the State explained that the charges the defendant was pleading guilty to were Class 2 felonies. Furthe
Page 1 2 3 4 5 6 7 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|