People v. Winkler

Defendant was indicted for felony driving under the influence of alcohol (DUI) allegedly based on two prior convictions for DUI: one in 1988 and the other in 1983. (Ill. Rev. Stat. 1989, ch. 95½, par. 11— 501(d)(1).) Defendant filed a motion challenging the indictment because, after he pled guilty to the 1983 DUI, he was only placed on supervision, which was terminated satisfactorily. Defendant argued that he could not be charged with felony DUI because the supervision was not a conviction and, therefore, he had only one prior DUI conviction which could not support felony DUI.

The trial court…