PEOPLE v. PROUTY

No. 2-07-0111.

895 N.E.2d 48 (2008)

The PEOPLE of the State Of Illinois, Plaintiff-Appellee, v. Edmund T. PROUTY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 8, 2008.


Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Elgin, Patricia Unsinn, Deputy Defender, Levi S. Harris, Office of State Appellate Defender, Chicago, IL, for Appellant.

Martin P. Moltz, Deputy Director State's Attorney Appellate Prosecutor, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Elgin, Catherine A. Voigt, Attorney At Law, Glen Ellyn, IL, for Appellee.


Justice McLAREN delivered the opinion of the court:

After a bench trial, defendant, Edmund T. Prouty, was convicted of aggravated driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501(d)(1)(A) (West 2006)). The trial court treated the offense as a Class 2 felony and sentenced defendant to three years' imprisonment. The court denied defendant's motion to reconsider his sentence, and he appeals.

On appeal, defendant argues that he should have...

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