People v. Schlabach

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (2d) 100248
Decision Date: 
Tuesday, January 31, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded with directions.
Justice: 
BIRKETT
Defendant was convicted of aggravated DUI, for which he was sentenced to court costs only, and per plea agreement he also pled guilty to intimidation, for which he was sentenced to 9 years. Aggravated DUI is a class 4 felony, and thus costs-only sentence is void, which renders both convictions voidable. Void sentence must be corrected, and on remand court must inform Defendant that sentences must be consecutive, as Defendant committed intimidation offense while out on bond from DUI offense.(HUTCHINSON and HUDSON, concurring.)