People v. Stutzman

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2015 IL App (4th) 130889
Decision Date: 
Tuesday, August 4, 2015
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
STEIGMANN
Defendant entered guilty plea, pursuant to negotiated guilty plea agreement, to reckless homicide and aggravated DUI. Defendants' convictions violated the one-act, one-crime doctrine. Reckless homicide conviction is vacated as it was based on same physical act as aggravated DUI conviction; at moment of his passenger's death (who fell from Jeep, which had no doors, as he attempted left turn), he drove while intoxicated.(HOLDER WHITE and APPLETON, concurring.)