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PEOPLE v. SIENKIEWICZ

No. 93970.

802 N.E.2d 767 (2003)

208 Ill.2d 1

280 Ill.Dec. 516

The PEOPLE of the State of Illinois, Appellant, v. Mariusz SIENKIEWICZ, Appellee.

Supreme Court of Illinois.

December 4, 2003.

Attorney(s) appearing for the Case

James E. Ryan and Lisa Madigan, Attorneys General, Springfield, and Michael J. Waller, State's Attorney, Waukegan (Gary Feinerman, Solicitor General, Lisa Anne Hoffman, Mary Beth Burns and Linda D. Woloshin, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Martin P. Moltz, and Catherine A. Voigt, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Peter C. Wachowski, of Bellas & Wachowski, Park Ridge, for appellee.

Justice KILBRIDE delivered the opinion of the court:

Defendant, who was indicted for reckless homicide (720 ILCS 5/9-3 (West 2000)), moved to dismiss the indictment, arguing that it arose from the same facts that were the basis for a previous conviction for reckless driving (625 ILCS 5/11-503 (West 2000)). The trial court denied the motion to dismiss, finding that the charges for each offense arose from separate and distinct acts committed by defendant. On appeal...

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