People v. Newton 

Defendant was convicted, after bench trial, of two counts of felony DUI under Section 11-501(d)(1)(A) of Vehicle Code, and two counts of DUI under Section 11-50(c-1)(4) of Code. As charges were based on same conduct, conviction was entered only on one count, a Class 1 felony, due to four prior DUI convictions. Other Sections of Vehicle Code make a fourth DUI a Class 2 felony, and thus coexist constitutionally with Section under which Defendant was properly sentenced as a Class 1 felon. Passage of Public Act 94-116 set up coherent and consistent scheme by which any 5th DUI would be Class 1 felony, and any 4th DUI would be, at most, a Class 2 felony. Passage of two more Acts shortly thereafter was not intented to upset this arrangement by making a Class 1 felony a lesser included offense of several Class 2 felonies. (BOWMAN and BIRKETT, concurring.)