People v. Rushton

Defendant, Richard Rushton, was convicted of reckless homicide (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 3 (now codified, as amended, at 720 ILCS 5/9 — 3 (West 1992))) following a jury trial in the circuit court of Lake County. Defendant was sentenced, pursuant to section 9 — 3(e) of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 3(e) (now 720 ILCS 5/9 — 3(e) (West 1992))), under the enhancement provision applicable when a defendant is found to be under the influence of alcohol or drugs at the time of committing the offense of reckless homicide. The trial court imposed a…