People v. Yaworski 

(Modified upon denieal of rehearing 10/14/11.) Defendant was convicted, after jury trial, of DUI and driving while license revoked (DWLR). Court imposed Class 2 felony sentence for DUI conviction. Court concluded that DWLR was a lesser included offense and vacated DWLR conviction. Evidence was sufficient to sustain enhancement of offense, but court erred in vacating DWLR conviction. Although State forfeited issue of vacatur of DWLR, relaxation of forfeiture rule is appropriate given court's misapplication of nebulous concept of merger of convictions. Judgment modified to reinstate conviction of DWLR, with three-year sentence to be served concurrently with DUI conviction. (BURKE and BIRKETT, concurring.)