People v. DiPace9/30/2004
d still stand. See People v. Niemiro, 256 Ill.App.3d 904, 912, 194 Ill.Dec. 715, 628 N.E.2d 212 (1993) (harmless error to admit alcohol test where other "external indicators" established intoxication).
Defendant's third argument on appeal is that the State failed to prove beyond a reasonable doubt, as elements of his crimes, that his license was revoked for the grounds set forth in section 6-303(d) (625 ILCS 5/6- 303(d) (West 2002)) and section 11-501(c-1)(3) (625 ILCS 5/11-501(c-1)(3) (West 2002)). The essence of defendant's argument is that, in order to be convicted of Class 2 felony driving under the influence of alcohol or Class 4 felony driving while his license was revoked, the State was required to prove beyond a reasonable doubt, as an element of each crime at trial, that the aggravating factors were present. However, "[w]hen the State seeks an enhanced sentence because of a prior conviction," "the fact of such prior conviction * * * [is] not [an] element[ ] of the offense * * *. For the purposes of this [s]ection, 'enhanced sentence' means a sentence which is increased by a prior conviction from one classification of offense to another higher level classification." 725 ILCS 5/111-3(c) (West 2002). Therefore, the State need not prove prior commissions of driving under the influence beyond a reasonable doubt as an element of Class 2 felony driving under the influence (People v. Thompson, 328 Ill.App.3d 360, 364-66, 262 Ill.Dec. 601, 765 N.E.2d 1209 (2002)), nor must it prove prior commissions of driving while license revoked as an element of Class 4 felony driving while license revoked (People v. Bowman, 221 Ill.App.3d 663, 666, 164 Ill.Dec. 560, 583 N.E.2d 114 (1991)). The existence of these predicate offenses is used after a defendant's conviction to increase the classification of his crime at sentencing. Thompson, 328 Ill.App.3d at 364-66, 262 Ill.Dec. 601, 765 N.E.2d 1209.
*8 Here, the fact of defendant's prior convictions of driving under the influence, along with the fact that his license was revoked for driving under the influence, was used to raise the level of his conviction from a Class A misdemeanor of driving under the influence (625 ILCS 5/11-501(c) (West 2002)), to a Class 2 felony (625 ILCS 5/11-501(c-1)(3) (West 2002)). The fact that defendant's license was revoked for driving under the influence, along with the fact that defendant had been previously convicted of driving while his license was revoked, was used to raise the level of his conviction from a Class A misdemeanor of driving while license revoked (625 ILCS 5/6- 303(a) (West 2002)), to a Class 4 felony (625 ILCS 5/6-303(d) (West 2002)).
Defendant relies on People v. Miller, 339 Ill.App.3d 990, 992, 274 Ill.Dec. 734, 791 N.E.2d 1145 (2003), and People v. Mann, 341 Ill.App.3d 832, 840-41, 276 Ill.Dec. 530, 794 N.E.2d 425 (2003), to support his argument that the predicate crimes must be proved beyond a reasonable doubt as elements of the aggravated offenses. However, neither case stands for the proposition for which defendant uses it. Miller merely states that the elements of driving with a suspended license are included in the elements of aggravated driving under the influence of alcohol, and, thus, the defendant could not be convicted of both under one-act, one-crime principles. Miller, 339 Ill.App.3d at 992, 274 Ill.Dec. 734, 791 N.E.2d 1145. Mann, likewise, addresses a defendant's argument concerning whether his prosecution for driving while license revoked was for the same conduct as an aggravated-driving-while-license-revoked charge under one-act, one-crime principles. Mann, 341 Ill.App.3d 832, 276 Ill.Dec. 530, 794 N.E.2d 425. Neither case discusses the elements of the crimes that the State must prove beyond a reasonable doubt at trial.
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