People v. Kinney

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL 113197
Decision Date: 
Thursday, May 24, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Judgment of mandamus awarded.
Justice: 
KILBRIDE
Defendant pled guilty to DUI in 2009. As this was his fourth DUI conviction, Defendant was charged with aggravated DUI, a nonprobationable Class 2 felony. Court did not consider his third DUI conviction, entered in 2000, for sentence enhancement purposes, as he was without legal counsel for that proceeding, and thus sentenced him to 48 months probation. A valid uncounseled misdemeanor conviction is also valid when used to enhance punishment in a subsequent conviction. (FREDEMAN, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)