People v. Pomykala

Following a jury trial in the circuit court of Will County, defendant Thomas Pomykala was convicted of reckless homicide. The appellate court reversed and remanded for a new trial, holding that section 9 — 3(b) of the Criminal Code of 1961 (Code) (720 ILCS 5/9 — 3(b) (West 2000)) created an unconstitutional mandatory presumption of recklessness. 326 Ill. App. 3d 390. We granted the State’s petition for leave to appeal. 177 Ill. 2d R 315. We now affirm the appellate court.

BACKGROUND

Defendant was charged with two counts of reckless homicide in the death of Taylor Nicole Pire. Defendant’s car…