PEOPLE v. SHEEHAN

No. 77329.

659 N.E.2d 1339 (1995)

168 Ill.2d 298

213 Ill.Dec. 692

The PEOPLE of the State of Illinois, Appellant, v. Henry SHEEHAN et al., Appellees.

Supreme Court of Illinois.

December 21, 1995.


Attorney(s) appearing for the Case

Roland W. Burris, Attorney General, Springfield, and David R. Akemann, State's Attorney, St. Charles (Norbert J. Goetten, William L. Browers and Cynthia N. Schneider, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

No appearance for appellee Henry Sheehan.

Richard C. Slocum and Jonathan B. Shanower, of Dreyer, Foote, Streit, Furgason & Slocum, P.A., Aurora, for appellee Victor Pall.


Justice MILLER delivered the opinion of the court:

Section 11-501(d)(1) of the Illinois Vehicle Code provides that a defendant must have committed at least two prior driving under the influence (DUI) violations before the classification of a subsequent DUI offense may be aggravated from a misdemeanor to a felony. (Ill.Rev.Stat.1991, ch. 95½, par. 11-501(d)(1).) At issue in each of these consolidated cases is whether an aggravated DUI charge was properly dismissed...

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