People v. Henderson

Following a jury trial, defendant Leslie Henderson was convicted of two counts of reckless homicide and one count of driving on a revoked licence. He was sentenced to 12 years in prison on the Class 2 reckless homicide convictions. On appeal, defendant contends that section 9 — 3(c) of the reckless homicide statute (720 ILCS 5/9—3(c) (West 1998)) violates due process and is unconstitutional because it contains a mandatory irrebuttable presumption that relieves the State of its burden to prove intoxication beyond a reasonable doubt; his sentence violates Apprendi v. New Jersey, 530 U.S. 466,…