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People v. Hood12/2/2004
ey smelled alcohol on defendant's breath, that his eyes were glassy and bloodshot, his speech was slurred, and his walk was unsteady. Both officers believed defendant was intoxicated. In addition, the officers found a cooler in defendant's van near the driver's seat containing ice, several full cans of beers, empty beer cans and one partially full beer can. Two eyewitnesses to the accident testified that defendant did not slow down as he approached Poplar Street, did not stop at the stop sign, and drove into Marie Schwab, who was in the crosswalk. The fact that defendant testified he was not intoxicated and that the sun was in his eyes does not mean that the jury could not find him guilty of reckless homicide beyond a reasonable doubt. "Where there is conflicting evidence of intoxication, it is the jury's function to determine the credibility of witnesses and the weight accorded their testimony." Smith, 149 Ill.2d at 566, 174 Ill.Dec. 804, 599 N.E.2d 888. The jury here resolved any conflict in the evidence against defendant. Accordingly, we reject defendant's sufficiency of the evidence argument as a basis for reversal.
CONCLUSION
For the reasons discussed above, we reverse the appellate court judgment reversing defendant's reckless homicide conviction. Because the appellate court found it unnecessary to consider all of the issues raised by defendant in light of its disposition of the case (343 Ill.App.3d at 1255, 279 Ill.Dec. 171, 799 N.E.2d 974), we remand to the appellate court for consideration of those issues.
Reversed in part and remanded.
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