People v. Lake

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2015 IL App (3d) 140031
Decision Date: 
Wednesday, April 8, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
SCHMIDT
Defendant pled guilty to aggravated DUI; he struck a horse which his girlfriend was riding, causing horse to buck and girlfriend died from her injuries; another woman riding horse was seriously injured. Sentence of nine years was not disproportionate to nature of offense. Defendant had been driving about 46 mph on a dark road with no artificial lighting in early morning hours. Defendant had 2 prior DUI convictions. No evidence that court failed to consider mitigating factors. Presentence incarceration credit applies against eligible fines.(McDADE and WRIGHT, concurring.)