People v. Nance

Defendant was found guilty of driving while license revoked and was sentenced to 180 days in jail and 12 months’ conditional discharge. On appeal, defendant argued that the penalty for driving while licensed revoked in both its base and enhanced forms violated the proportionate penalties clause of the Illinois Constitution. The appellate court affirmed, rejecting defendant’s argument that two sections of the Vehicle Code were separate violations as is necessary for the court to perform a proportionate penalties analysis. (McDADE and DAVENPORT, concurring)