 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Smith1/9/2004
was no substantial change in the nature of Nelson's objective. Nelson's two offenses were not even independently motivated. Thus, the two offenses were part of a single course of conduct. As such, an extended term sentence for the lesser offense, obstructing justice, was improper.
The nonextended term for obstruction of justice, a Class 4 felony, is between one and three years' imprisonment. 730 ILCS 5/5-8-1(a)(7) (West 2002). Pursuant to our authority under Supreme Court Rule 615(b)(4) ( 134 Ill.2d R. 615(b)(4)), we reduce Nelson's sentence for obstructing justice to the maximum nonextended sentence of three years' imprisonment. See **885 ***634 People v. Muntaner, 339 Ill.App.3d 887, 890, 274 Ill.Dec. 529, 791 N.E.2d 621 (2003). Nelson's three-year obstructing justice sentence will continue to run concurrently with his DUI sentence.
CONCLUSION
For the foregoing reasons, the judgment of the circuit court of Du Page County in appeal No. 2-02-0910 is affirmed. The circuit court's judgment in appeal No. 2-02-0909 is affirmed as modified.
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.
|
|