People ex rel. Glasgow v. Carlson

Petitioner (Will Co. State's Attorney) seeks mandamus pursuant to Rule 381 against Respondent judge, asking court to compel Respondent to vacate a 1/6/16 sentencing order, and to classify as a Class 2 felony a Defendant's 3rd DUI, and to resentence Defendant as a Class X offender. Defendant's 3rd DUI conviction constitutes aggravated DUI and is a Class 2 felony, as charged in indictment. 625 ILCS 5/11-501(d)(2)(B) demonstrates unambiguous legislative intent to classify a 3rd DUI conviction as a Class 2 felony, and Section 501(d)(2)(A) demonstrates unambiguous legislative intent to classify it as a Class 4 felony only if no other provision in Section 11-501 is applicable. As Defendant has at least 2 prior Class 2 felony or higher convictions, he must be sentenced as a Class X offender on his aggravated DUI conviction in this case. (KARMEIER, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)