People v. Hambrick

Defendant was convicted, after jury trial, of two counts of aggravated DUI, from incident resulting in death after her passenger was ejected from convertible. Despite its misstatements as to legal standard, court exercised discretion in reviewing evidence and pronouncing Defendant's sentence. Court explicitly addressed factors in mitigation and aggravation, and concluded that sentence of three years would have deterrent effect and minimize hardship to family, as Defendant's extended family can care for her three children during her incarceration, and her minor daughters will continue to receive financial support from social security payments from prior death of their father. (McDADE and WRIGHT, concurring.)