People v. Daly

Defendant entered open plea of guilty to one count of reckless homicide, and was sentenced to 3 1/2 years in prison. Defendant, then age 24, was driving four relatives around family's rural property at 3 a.m. on an ATV, after family birthday party and bonfire. Defendant made a right turn, and ATV skidded on wet gravel and overturned. Front seat passenger, Defendant's 19-year-old cousin, fell off ATV and died from internal injuries from accident. Defendant admitted drinking alcohol earlier in evening, but no evidence she was speeding. Court failed to reference specific facts at sentencing, and appeared to be sentencing Defendant for aggravated DUI, although those counts were dismissed as part of plea. Court erred in focusing on passenger's death in sentencing, where death is implicit in offense of reckless homicide. Appellate court reduced sentence to probation, and directed that conditions of probation are to be imposed by a different judge on remand. (KNECHT and TURNER, concurring.)