(DOWNLOAD) "People v. Coleman" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Coleman
- Author : Supreme Court of Illinois
- Release Date : January 23, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Defendant, James Coleman, was charged with driving under the influence of alcohol, in violation of section 11-501(a) of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501(a)). Although he had received court supervision three years earlier for violating the same statute, the defendant pleaded guilty to the charge in the circuit court of Cook County and requested another term of supervision. Section 5-6-1(d) of the Unified Code of Corrections (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 1005-6-1(d)) provides, however, that courts may not grant supervision to a defendant charged with driving under the influence of alcohol if the defendant has, within the previous five years, received supervision for the same offense. The trial judge accepted the defendant's plea. Noting that section 5-6-1(d) became effective after defendant's first offense but prior to his second charge, the trial judge concluded that section 5-6-1(d) was an ex post facto law as applied to this defendant, and constituted an unconstitutional violation of the defendant's right to equal protection. The judge then granted the defendant's request for supervision. The State now appeals directly to this court, pursuant to Supreme Court Rule 603 (87 Ill.2d R. 603).