People v. Gunning

Defendant was found guilty by a jury in the circuit court of Champaign County of the offense of driving while under the influence of alcohol in violation of section 11 — 501 of the Illinois Vehicle Code (Ill. Rev. Stat. 1979, ch. 951/2, par. 11 — 501). He was sentenced to 150 days’ imprisonment. His sole issue on appeal is whether the trial court erred in denying his motion for substitution of judges pursuant to section 114 — 5(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1979, ch. 38, par. 114 — 5(a)). We believe it was error and thus reverse and remand for a new trial.

Some…