People ex rel. Glasgow v. Kinney
2012 IL 113197
| Ill. | 2012Background
- Michael W. Drew was charged by indictment in August 2009 with aggravated DUI, a nonprobationable Class 2 felony, and had three prior DUI convictions (1985 Will County, 1990 Cook County, 2000 Bureau County).
- Drew pled guilty to aggravated DUI as charged.
- At sentencing, Drew moved to strike the 2000 Bureau County DUI conviction, relying on Finley, which held uncounseled prior misdemeanors cannot be used to enhance a current offense.
- Respondent judge granted the motion to strike the 2000 conviction and sentenced Drew to 48 months of probation.
- The State sought mandamus to compel the judge to vacate the strike and impose a sentence under the statute denominated in 11-501(d)(2)(C).
- The Supreme Court held that uncounseled prior misdemeanors validly may be used to enhance a subsequent sentence under 11-501(d)(2)(C), overruling Finley.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May an uncounseled prior misdemeanor be used to enhance a later DUI sentence? | Glasgow argues Finley bars use of uncounseled priors. | Drew argues Nichols overrules Finley and allows enhancement. | Yes; uncounseled priors may be used. |
| Does Nichols overrule Finley for enhancement purposes? | Finley remains controlling per respondent. | Nichols overruled Baldasar and supports enhancement. | Nichols governs; Finley overruled. |
| Can Nichols be read to permit enhancement that yields imprisonment? | Enhancement statutes penalize the last offense, regardless of imprisonment. | Nichols applies to enhancements including imprisonment terms. | Nichols applies to imprisonment enhancements. |
| Is mandamus appropriate relief to require applying 11-501(d)(2)(C)? | State seeks proper sentencing under the statute. | Judge correctly struck the prior under Finley. | Mandamus awarded to enforce 11-501(d)(2)(C). |
Key Cases Cited
- People v. Finley, 209 Ill. App. 3d 968 (1991) (prior uncounseled misdemeanor cannot enhance current offense (Finley))
- Baldasar v. Illinois, 446 U.S. 222 (1980) (uncounseled misdemeanor conviction cannot be used to enhance (overruled))
- Nichols v. United States, 511 U.S. 738 (1994) (uncounseled conviction valid under Scott may enhance subsequent sentence)
- Scott v. Illinois, 440 U.S. 367 (1979) (no right to counsel where no imprisonment is imposed in misdemeanor)