People v. Cruz Aguilar

The State appealed after the circuit court dismissed with prejudice charges related the offense of aggravated driving under the influence without a valid driver’s license for failure to state an offense, arguing that the trial court disregarded existing precedent and relied on an unpublished opinion with no precedential value. The appellate court affirmed, finding that the trial court properly relied on an unpublished opinion interpreting the language of the DUI statute where the court’s reasoning was consistent with the language of the statute and that the State had failed to prove the aggravating element where defendant’s license was suspended. (WELCH and CATES, concurring)