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People v. Smith1/9/2004
In case No. 01-CF-3030, the defendant, Paul Smith, was *182 convicted of aggravated driving while license revoked (DWLR) (625 ILCS 5/6-303(a), (d) (West 2000)), a Class 4 felony. Smith was sentenced to 60 days' imprisonment in the Du Page County jail and two years' probation. On appeal, Smith argues that, in sentencing him as a Class 4 felony DWLR offender, the trial court improperly considered a prior conviction of driving under the influence (DUI) that had resulted from a bond forfeiture.
In case No. 02-CF-559, the defendant, George Nelson, was convicted of aggravated DUI (625 ILCS 5/11-501(a)(2), (c-1)(3) (West 2002)), a Class 2 felony, and of obstructing justice (720 ILCS 5/31-4(a) (West 2002)), a Class 4 felony. Nelson was sentenced to two concurrent terms of six years' imprisonment in the Illinois Department of Corrections. On appeal, Nelson argues that, in sentencing him as a Class 2 DUI felony offender, the trial court improperly considered a prior conviction of DUI that had resulted from a bond forfeiture. He additionally argues that the trial court erred in imposing an extended-term sentence for his obstructing justice conviction.
At issue in both case No. 01-CF-3030 and case No. 02-CF-559 is whether a trial court may consider a conviction that arose from a bond forfeiture in imposing an enhanced sentence. Therefore, on July 18, 2003, we consolidated the two cases to facilitate review of that issue.
BACKGROUND
Case No. 01-CF-3030
On October 26, 2001, Smith was charged by indictment with aggravated DWLR (625 ILCS 5/6-303(a), (d) (West 2000)). The indictment alleged that (1) Smith had committed the offense while his driver's license was revoked for DUI and (2) Smith previously had been convicted of DWLR.
The trial court conducted a bench trial. Wheaton police officer Dennis Smith testified that on October 26, 2001, he observed a vehicle traveling on Butterfield Road at a high rate of speed. Officer Dennis **879 ***628 Smith used a handheld radar device and determined that the vehicle was traveling 62 miles per hour. The speed limit on Butterfield Road was 40 miles per hour. Officer Dennis Smith stopped the vehicle, which was driven by Smith. When officer Dennis Smith asked Smith for his license, Smith stated that his license was revoked.
The State introduced a driver's abstract from the Illinois Secretary of State's office. The driver's abstract revealed that Smith's driver's license had been revoked since 1986 due to a DUI conviction. The 1986 conviction and subsequent revocation resulted from a bond forfeiture. The driver's abstract further revealed that Smith had previously *183 committed offenses of DWLR in 2000 and in August 2001. Following the trial, the trial court found Smith guilty of DWLR.
At the sentencing hearing, the trial court determined that the 1986 bond forfeiture conviction of DUI and subsequent revocation could be considered for purposes of enhancing Smith's DWLR offense under section 6-303(d) of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/6-303(d) (West 2000)). In considering Smith's prior DUI conviction, along with his previous convictions of DWLR, the trial court sentenced Smith, as a Class 4 DWLR offender, to 60 days' imprisonment in the Du Page County jail and 2 years' probation. Smith thereafter filed a timely appeal.
Case No. 02-CF-559
On March 26, 2002, Nelson was charged by indictment with aggravated DUI (625 ILCS 5/11-501(a)(2), (c-1)(3) (West 2002)). The indictment alleged that (1) Nelson committed the offense while his driver's license was revoked for DUI and (2) Nelson had previously committed three or more violations of DUI. Nelson was also charged by indictment with obstructing justice (720 ILCS 5/31-4(a) (West 2002)).
The trial court held a stipulated bench trial
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