People v. Rhoden

Defendant Barry Dean Rhoden was charged with reckless homicide (Ill. Rev. Stat. 1991, ch. 38, pars. 9 — 3(a), (b)) and driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11— 501(a)(2)). A jury found defendant not guilty of reckless homicide but guilty of DUI. Judgment was entered and defendant appeals, arguing (1) his due process rights were violated because he was convicted on the basis of evidence of DUI at a time different from that charged; (2) the charge was insufficient; and (3) the State did not prove the corpus delicti of the offense.

At approximately…