People v. Lee

Illinois Appellate Court
Criminal Court
Illinois Vehicle Code
Citation
Case Number: 
2023 IL App (4th) 110779
Decision Date: 
Thursday, August 31, 2023
District: 
4th Dist.
Division/County: 
Boone Co.
Holding: 
Affirmed.
Justice: 
ZENOFF

Defendant was found guilty of aggravated driving under the influence of cannabis, resulting in the death of two people, and was sentenced to six years in prison. Defendant appealed, arguing that section 11-501(a) of the Illinois Vehicle Code was facially unconstitutional because it treats individuals who possess a medical cannabis card differently from those who do not possess a card. Defendant also argued that the trial court should have exercised its discretion to impose a sentence other than imprisonment. The appellate court affirmed, finding that section 11-501(a) is not unconstitutional because there is a rational basis for treating the classes differently and that the trial court did not abuse its discretion when it sentenced defendant to prison. (LANNERD and KNECHT, concurring)