People v. Utsinger

Illinois Appellate Court
Criminal Court
Appellate Jurisdiction
Citation
Case Number: 
2013 IL App (3d) 110536
Decision Date: 
Thursday, May 30, 2013
District: 
3rd Dist.
Division/County: 
Knox Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
Defendant was convicted, after bench trial, of reckless driving and was sentenced to six months court supervision. Rule 604(b) gives appellate court authority to consider appeal, and does not require offender to choose between benefits of sentence of court supervision and right to appeal. Court did not improperly shift burden of proof to defense, in commenting, when denying Defendant's motion for directed finding at conclusion of State's case, that Defendant had not refuted State's evidence that sudden braking was unecessary based on conditions of roadway. (LYTTON and SCHMIDT, concurring.)