People v. Gancarz

              No. 2--04--0190 filed: 11/30/06
_________________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
_________________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, )
)
v. ) No. 00--CF--1449
)
RICHARD S. GANCARZ, ) Honorable
) Robert J. Anderson,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
Defendant, Richard S. Gancarz, was driving a semi tractor-trailer when he collided with the
passenger side of a Chevrolet Camaro driven by Aric Wooley, who died in the collision. Several
other drivers, including Jerry Wooley, Aric's father, witnessed the crash. The State filed an 11-count
indictment, and defendant submitted to a bench trial. The trial court found defendant guilty of
reckless homicide (720 ILCS 5/9--3(a) (West 2000)), aggravated driving under the influence (DUI)
(625 ILCS 5/11--501(a)(4), 11--501(d)(1)(C) (West 2000)), and driving with a suspended license
(625 ILCS 5/6--303(a) (West 2000)). Each of the statutes under which defendant was found guilty
was the version in effect on the date of the offense. The reckless homicide count subsumed the
aggravated DUI count, and the trial court sentenced defendant to a 14-year prison term for reckless
homicide. The court also imposed a concurrent three-year term for driving with a suspended license.