People v. Markley

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (3d) 120201
Decision Date: 
January 31, 2013
District: 
3d Dist.
Division/County: 
Fulton Co.
Justice: 
McDADE
Holding: 
Affirmed.
Defendant, then age 16, was convicted of two counts of aggravated reckless driving, and sentenced to 24 months imprisonment. When driving over 100 mph on country road, she lost control and struck utility pole, and two passengers were killed. Concurrent jurisdiction statute, which vests prosecutors with discretion to charge certain crimes as adult or juvenile offenses, did not violate eighth amendment rights or proportionality clause of Illinois Constitution. Excessive speed, together with location and road condition, showed conscious disregard for her surroundings, sufficient for necessary mental state for conviction. Sentence, in middle of sentencing range, was not an abuse of discretion, given great risk of conduct and that two deaths occurred as a result. (WRIGHT and SCHMIDT, concurring.)