People v. Smith

Defendant pled guilty to three counts of aggravated driving under the influence and one count of driving with a revoked license and was sentenced to consecutive six-year prison terms for two of the DUI counts. The judge later determined the multiple convictions violated the one-act, one-crime rule. A successor judge re-sentenced defendant to a nine-year prison term on one of the aggravated DUI counts. Defendant appealed arguing the trial court erred when it increased his sentence from six to nine years. The appellate court agreed and vacated his sentence, finding the nine-year sentence was an impermissible increase pursuant to 730 ILCS 5/5-8-1(c). (McLAREN and SCHOSTOK, concurring)