People v. Patrick 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 2-08-0745
Decision Date: 
Tuesday, July 27, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
BOWMAN
Defendant was convicted of reckless homicide and four counts of failing to report an accident involving injury or death, arising from traffic accident where Defendant was charged with driving 91 to 95 mph on a residential street of 30 mph limit. 19-year-old driver of other vehicle was killed. Defendant was sentenced to nine years and five years concurrently; and nine years for reckless homicide conviction; and court ordered that Defendant was to serve 85% of that sentence. State failed to present evidence on, and jury was not instructed on, charge of failure to report accident within one-half hour, thus convictions reversed and convictions instead entered as to lesser included offense. All four convictions of leaving the scene arose from a single physical act, despite the number of persons killed or injured in collision, thus violating one-act, one-crime rule. Court lacked authority to order Defendant to serve 85% of his reckless homicide sentence. (BURKE, concurring; HUDSON, dissenting.)