Appeal from the Circuit Court of Boone County. Nos. 08-TR-5334 08-CF-427 Nos. 06-TR-13159 07-CF-17 Honorable John H. Young, Judge, Presiding.
The opinion of the court was delivered by: Justice McLAREN
Appeal from the Circuit Court of Boone County.
Honorable John H. Young,
JUSTICE McLAREN delivered the judgment of the court, with opinion.
Presiding Justice Burke and Justice Hutchinson concurred in the judgment and opinion.
¶ 1 The above-captioned, unrelated cases were consolidated for decision because they involve the same issue. Defendants, Charles M. Taylor and Luis A. Moreno, were charged by uniform traffic citations with driving while their licenses were revoked (625 ILCS 5/6-303 (West 2008)) and by indictments with aggravated driving while their licences were revoked (625 ILCS 5/11-501 (West 2008)). Because defendants failed to appear for court proceedings, the trial court entered judgments of bond forfeiture as to both defendants. The trial court denied defendants' motions to dismiss their charges. On appeal, defendants argue that the trial court erred by denying their motions to dismiss, because the bond forfeiture judgments constitute convictions for purposes of double jeopardy. We affirm.
¶ 4 On May 6, 2006, Taylor was charged, by an Illinois State Police citation and complaint, with driving while his license was revoked. The traffic offense was assigned case number 08-TR-5334. Taylor posted bail on the same day. The citation states that Taylor was warned about the "plate light" and that his license had been previously revoked, on February 24, 2006.
¶ 5 On September 9, 2008, the State charged Taylor by indictment with aggravated driving while his license was revoked. The indictment alleged that Taylor drove on May 6, 2006, at a time that his license had previously been revoked for driving under the influence, and that Taylor committed the offense of driving while his license was revoked or suspended on at least nine prior occasions. The case was assigned number 08-CF-427.
¶ 6 Taylor failed to appear for court proceedings on November 19 and December 3 and 17, 2008, and July 10, 2009. On July 15, 2009, the trial court granted the State's request for bond forfeiture in the amount of $5,000 and issued a bench warrant. Notice of the bond forfeiture was sent to Taylor on or about July 15, informing Taylor that if he did not surrender to the court on or before August 14, 2009, "judgment in the amount of your bond will be entered against you." Also, on July 15, an arrest warrant issued for Taylor. On July 20, defense counsel filed notice of a motion to vacate the bond forfeiture and the bench warrant, to be heard on July 22. On July 22, Taylor failed to appear and the trial court denied the motion to vacate. A bail form dated August 7, 2009, directed Taylor to appear in court on August 28.
¶ 7 On August 28, Taylor failed to appear. The trial court ordered his bond forfeited and an arrest warrant issued for Taylor. Notice of the bond forfeiture was sent to Taylor and he was ordered to appear on or before October 9, 2009. On that date, Taylor failed to appear and the trial court entered judgment on the bond forfeiture. The judgment lists both case numbers 08-CF-427 and 08-TR-5334.
¶ 8 On October 27, 2009, Taylor was served with an arrest warrant bearing both case numbers. On November 4, the trial court reinstated his bond. Taylor posted bail and was ordered to appear on January 20, 2010. Taylor appeared on that date, but he failed to appear on April 9, 2010. The ...