Glasgow v. Carlson
Annotate this CaseIn 2014, defendant was charged with Class 2 felony aggravated DUI, 625 ILCS 5/11-501(a)(2), (d)(2)(B), alleging two prior DUI convictions in 1994 (Georgia) and 2013 (Illinois). The circuit court found defendant guilty of aggravated DUI, but expressed skepticism on whether defendant’s DUI conviction should be classified as a Class 2 felony for sentencing purposes. The prosecution submitted certified copies of defendant’s two prior DUI convictions and argued that it was aggravated DUI and a Class 2 felony under subsection (d)(2)(B) because it was a third conviction. The state acknowledged that another provision, subsection (d)(2)(A), generally classified aggravated DUI as a Class 4 felony, but argued that because defendant was charged under subsection (d)(2)(B), that provision’s express classification must control. The prosecution noted that defendant’s record included a 1989 Class 2 felony conviction, a 1981 Class X felony conviction, and a 1980 Class 2 felony conviction. The court sentenced defendant as a Class 4 offender to 24 months of probation, stating that the statute was inconsistent. The Illinois Supreme Court granted a petition for mandamus. Defendant’s third DUI conviction constituted aggravated DUI, a Class 2 felony under subsection (d)(2)(B)'s plain language; because defendant had two prior Class 2 felony or higher convictions, he must be sentenced as a Class X offender on this aggravated DUI conviction.
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