People v. Graham

Defendant, John Graham, pleaded guilty to driving under the influence (DUI), a Class A misdemeanor. (Ill. Rev. Stat. 1989, ch. 95V2, pars. 11 — 501(a)(1), (c).) The Champaign County circuit court sentenced him to 24 months’ probation but, after defendant indicated he did not believe he could comply with the terms of probation, the court vacated the sentence of probation and sentenced him to 364 days’ incarceration. The defendant appeals the imposition of the sentence of incarceration. We affirm.

Defendant’s presentence investigation report indicates he is 43 years old. He has been employed…