People v. Heritsch

(Court opinion corrected 7/3/12.) Defendant was convicted, after stipulated bench trial, of aggravated driving with revoked or suspended license (DWRL), and sentenced as Class X offender to six years imprisonment. State failed to prove aggravating factor that Defendant's license had been revoked for violation of Section 11-501 of Vehicle Code. Trial court erred in rejecting, without explanation, Defendant's argument that revocation in effect in 2008 was not for DUI but for 1991 drug offense, so Defendant was guilty only of Class A misdemeanor DWLR. Secretary of State's 2001 formal administrative sanction of revocation for DUI had no effect because Secretary had never issued Defendant a new license after 1991 revocation. (McLAREN, concurring; BIRKETT, dissenting.)