People v. Clark 

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
No. 2-08-0993
Decision Date: 
Thursday, September 16, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed as modified; remanded for resentencing.
Justice: 
McLAREN
(Court opinion corrected 10/5/10.) Defendant was convicted of Class X felony DUI, based on having six or more prior DUI convictions, and was sentenced to 80 months in prison.Law which raised sixth or subsequent DUI from Class 2 felony to Class X felony was implicitly repealed by other laws; thus, his DUI conviction must be reduced to Class 1 felony, under principle of lenity and given irreconcilable conflicts of laws. (HUTCHINSON and JORGENSEN, concurring.)