People v. Mischke

Defendant was convicted, after bench trial, of, among other things, one counts of first-degree murder (felony murder) and one count of aggravated DUI with cocaine in his urine. He was sentenced to concurrent terms of 26 years and 7 years. Court erred in imposing concurrent sentences, as Section 5-8-4(d)(1) of Unified Code of Corrections mandates consecutive sentences when one conviction is for first-degree murder. Plain language of statute shows that enhancement under subsection (d)(2)(B) on any prior DUI offense under Section 11-501, and enhancement is not limited to prior aggravated DUI offenses only. Thus, a person with two prior nonaggravated DUI offenses must be sentenced, upon a third DUI offense, as a Class 2 felon. (McLAREN and HUDSON, concurring.)