People v. Clark

After a bench trial, defendant, J.D. Clark, was convicted of Class X felony driving under the influence of alcohol (DUI), based on having six or more prior convictions of DUI (625 ILCS 5/11 — 501(c—16) (West 2006)), and transporting open alcohol in a motor vehicle, a petty offense (625 ILCS 5/11 — 502(a) (West 2006)). On the DUI offense, he was sentenced to 80 months in prison and charged a $200 DNA analysis fee (see 730 ILCS 5/5 — 4—3(j) (West 2006)). On appeal, defendant argues that (1) Public Act 94 — 114, which raised a sixth or subsequent DUI from a Class 2 felony to a Class X felony…