People v. Henry

PRESIDING JUSTICE HUTCHINSON

delivered the opinion of the court:

Following a jury trial, defendant, Michael A. Henry, was found guilty of reckless homicide (720 ILCS 5/9 — 3 (West 2000)) and driving with a revoked license (625 ILCS 5/6 — 303 (West 2000)) and sentenced to 14 years’ imprisonment. On appeal, defendant contends that the reckless homicide statute and the Illinois Pattern Jury Instructions on which they are based are unconstitutional because they contain mandatory irrebuttable presumptions that relieve the State of its burden to prove recklessness and intoxication beyond a reasonable…