§ 8.3 Conviction

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 8.3 Conviction

§ 8.3-1 Improper

§ 8.3-1(a) First Degree Murder

People v. Belk, 203 Ill. 2d 187, 784 N.E.2d 825, 271 Ill. Dec. 271 (2003). Defendant stole a van. A police officer monitoring a call of "theft in progress" obtained a description of the vehicle. As he approached an intersection, the officer's emergency lights and siren had already been activated. The officer observed the previously described van in which the defendant was driving. Defendant accelerated his vehicle and a chase ensued. At trial the officer testified the vehicle driven by defendant reached speeds of at least 100 miles per hour in an area in which the speed limit was 30 and the van driven by defendant was in a business area in which there were many pedestrians. He described defendant's driving as reckless. Eventually the van collided with the rear of a stopped vehicle and the two occupants were killed. Following the collision, the van rolled over, defendant ran from the scene, and he was apprehended following a brief foot chase. Defendant's blood was tested at a hospital and the result showed a blood-alcohol level of 0.19.

At a bench trial, defendant was convicted of aggravated possession of a stolen motor vehicle and two counts of felony-murder. He was sentenced to natural life and appealed. On appeal, defendant claimed aggravated PSMV...