People v. DiPace9/30/2004
efendant further argues that the above case law applies only to the requirement of proving the fact of a prior conviction as an aggravating circumstance, and not to the requirement of proving revocation for certain grounds. We disagree. In Bowman, the defendant was convicted of aggravated driving with license revoked because he had a previous driving-while-license-revoked conviction and because his original revocation was for driving under the influence. Bowman, 221 Ill.App.3d at 664-66, 164 Ill.Dec. 560, 583 N.E.2d 114. The State in Bowman was not required to show the defendant's prior convictions, or the grounds for those prior convictions, until sentencing. Bowman, 221 Ill.App.3d at 665-66, 164 Ill.Dec. 560, 583 N.E.2d 114. We further note that requiring the State to prove the grounds for a conviction or revocation beyond a reasonable doubt at trial would effectively require the State to prove a prior conviction as an element of the crime, which would contravene the plain language of section 111-3(c) of the Code of Criminal Procedure of 1963 (725 ILCS 5/111-3(c) (West 2002)). Accordingly, we reject defendant's argument. Defendant's prior convictions were not required to be proven beyond a reasonable doubt as elements of his crimes here.
Defendant also argues that the State failed to establish at sentencing that at the time of his arrest his license had been revoked for driving under the influence, as required under the aggravated versions of both statutes. However, the presentencing report in this case reveals not only defendant's prior driving-under-the-influence convictions, but also the fact that at the time of his arrest his license was revoked due to those prior driving-under-the-influence convictions. A court properly may consider a presentencing report to determine a defendant's criminal record; such a report is a reliable source for the purpose of inquiring into a defendant's criminal history. People v. Williams, 149 Ill.2d 467, 491, 174 Ill.Dec. 829, 599 N.E.2d 913 (1992). Therefore, defendant's argument must fail.
*9 Defendant's final argument on appeal is that his conviction of Class 4 felony driving while license revoked must be vacated because it merges with his conviction of Class 2 felony driving under the influence. Under the one-act, one-crime rule, a court must first determine whether a defendant's conduct consisted of separate acts or a single physical act. People v. Rodriguez, 169 Ill.2d 183, 186, 214 Ill.Dec. 451, 661 N.E.2d 305 (1996); People v. King, 66 Ill.2d 551, 566, 6 Ill.Dec. 891, 363 N.E.2d 838 (1977). Multiple convictions are improper if they are based on precisely the same physical act. Rodriguez, 169 Ill.2d at 186, 214 Ill.Dec. 451, 661 N.E.2d 305. If the court determines that the defendant committed multiple acts, the court then goes on to determine whether any of the offenses are lesser included offenses. Rodriguez, 169 Ill.2d at 186, 214 Ill.Dec. 451, 661 N.E.2d 305. As long as there are multiple acts as defined in King, their interrelationship does not preclude multiple convictions. Rodriguez, 169 Ill.2d at 188-89, 214 Ill.Dec. 451, 661 N.E.2d 305 (in the context of home invasion and aggravated criminal sexual assault). An act is any overt or outward manifestation that will support a different offense. King, 66 Ill.2d at 566, 6 Ill.Dec. 891, 363 N.E.2d 838. A person can be guilty of two offenses when a common act is part of both offenses. People v. Forcum, 344 Ill.App.3d 427, 447, 279 Ill.Dec. 431, 800 N.E.2d 499 (2003).
Here, each of defendant's convictions is supported by a separate physical act, because driving while license revoked is a separate act from driving under the influence. People v. Lavallier, 187 Ill.2d 464, 468-69, 241 Ill.Dec. 529, 719 N.E.2d 658 (1999) (describi
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