People v. Maldonado 

Illinois Appellate Court
Criminal Court
DUI
Sentencing
Citation
Case Number: 
No. 2-08-0471
Decision Date: 
Monday, June 7, 2010
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
HUTCHINSON
DUI statute is ambiguous because it prescribes mutually exclusive sentencing schemes for a defendant who has been convicted of committing a sixth or subsequent DUI. Under rule of lenity, such defendant must be sentenced for Class 1 felony, under subsection (c-1)(4), not subsection (c-16), of DUI statute.