People v. Daily

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2016 IL App (4th) 150588
Decision Date: 
Friday, December 16, 2016
District: 
4th Dist.
Division/County: 
Coles Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
TURNER

(Modified upon denial of rehearing 2/21/17.) Defendant pled guilty to aggravated DUI and unlawful possession of a converted motor vehicle. Court sentenced him to concurrent terms of 24 years for DUI and 14 years for unlawful possession of a converted motor vehicle. Habitual criminal statute mandates Class X sentencing for repeat offenders who meet its requirements; statute has no language exempting convictions under Vehicle Code. Defendant was subject to Class X sentencing under Section 5-4.5-95(b) of Unified Code, and thus his 24-year sentence fell within appropriate sentencing range. Defendant is entitled to 94 days of sentencing credit, and also should be awarded $5-per-day credit against his eligible fines. Certain fines vacated as they were improperly imposed by circuit clerk. (KNECHT and STEIGMANN, concurring.)