(Modified upon denial of rehearing filed 6/15/16.) Defendant was convicted of 12 counts of driving while his license was suspended or revoked (DWLR) in violation of 5 different sub sections of Section 6-3-3 of Illinois Vehicle Code, which court merged into one count, a Class 2 felony. Any qualifying revocation could serve as a trigger to enhance the DWLR to a Class 2 felony under Section 6-303(d-5). Where Secretary of State has revoked driving privileges for any violation listed in Section 6-303(d), the revocation remains in effect until application for new license is presented and granted by Secretary. As this is Defendant' s 15th conviction for DWLR, and as Defendant had a 1992 revocation for leaving scene of accident involving death or personal injury, this offense is elevated to a Class 2 felony. A term of Mandatory Supervised Released (MSR) is part of every qualifying sentence regardless of whether the term is mentioned during sentencing or omitted from the sentencing order. Court ordered to correct Defendant's mittimus to reflect 1 conviction for DWLR.(NEVILLE and SIMON, concurring.)
Illinois Appellate Court
Criminal Court
Driving While Revoked