People v. Yaworski

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2011 IL App (2d) 090785 No. 2-09-0785 Opinion filed September 23, 2011 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of De Kalb County. ) Plaintiff-Appellee, ) ) v. ) No. 05-CF-661 ) GLENN A. YAWORSKI, ) Honorable ) Robbin J. Stuckert, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ PRESIDING JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Justices Burke and Birkett concurred in the judgment and opinion. OPINION ¶1 Following a jury trial in the circuit court of De Kalb County, defendant, Glenn A. Yaworski, was found guilty of driving under the influence of alcohol (DUI) in violation of section 11-501(a)(2) of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501(a)(2) (West 2004)). Defendant was also found guilty of driving while his license was revoked (DWLR) (625 ILCS 5/6-303(a) (West 2004)). The trial court imposed a Class 2 felony sentence of 3½ years imprisonment pursuant to section 11501(c-1)(3) of the Code (625 ILCS 5/11-501(c-1)(3) (West 2004)) for the DUI conviction. As pertinent here, that provision makes a fourth or subsequent DUI a nonprobationable Class 2 felony if the offense occurred when the offender s driving privileges were suspended or revoked for a

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