Village of Lincolnshire v. Olvera

Defendant was found guilty of driving under the influence of cannabis and was placed on 12 months’ supervision. Defendant appealed and argued that his sentence should be reversed because he was improperly prosecuted for a Vehicle Code violation by the plaintiff without a showing on the record of written permission to prosecute from the state’s attorney and that the evidence was insufficient to prove him guilty beyond a reasonable doubt. The appellate court affirmed, finding that defendant had forfeited the issue of permission and had not established clear or obvious error for the purposes of plain error review and that the evidence was sufficient to sustain the conviction. (McLAREN and MULLEN, concurring)