People v. Prouty

After a bench trial, defendant, Edmund T. Prouty, was convicted of aggravated driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501(d)(1)(A) (West 2006)). The trial court treated the offense as a Class 2 felony and sentenced defendant to three years’ imprisonment. The court denied defendant’s motion to reconsider his sentence, and he appeals.

On appeal, defendant argues that he should have been sentenced for a Class 4 felony, not a Class 2 felony. Defendant asserts that Public Act 94 — 116 (Pub. Act 94 — 116, eff. January 1, 2006), insofar as it changed the law by making aggravated…