Repeat DUI offender to be resentenced

 
 
Updated 2/8/2011 10:38 AM

A repeat drunken driving offender might get some time shaved off his prison term due to a recent appellate court ruling regarding his ninth DUI.

That's right, ninth.

                                                                                                                                                                                                                       
 

The 2nd District Appellate Court in Elgin ruled Sept. 16 to reduce the 2008 aggravated driving under the influence conviction of James "J.D." Clark, 63, of Aurora, from a Class X felony to a Class 1 felony.

In its opinion, the court said Clark was charged with the more serious offense at a time when there was ambiguity in Illinois law as to whether a sixth or subsequent DUI should be handled as Class 1 or a Class X felony. Because the law was unclear, the court sided with Clark.

Both Class 1 and Class X felonies are serious offenses punishable by up to 15 or 30 years in prison, respectively. It's also important to note that Clark's sentence - 80 months in prison - doesn't exceed the range for the lesser class, so it's possible his sentence could remain the same.

Kane County Assistant State's Attorney Steve Sims declined to comment on the appellate court ruling. He said Clark will be resentenced at some point, although the date hadn't been set as of late last week.

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According to court records, Clark's DUI record goes back 30 years. His attorney, an appellate defender, was not available for comment.

Top job open: The Kane County Board is accepting applications for interim state's attorney until 4:30 p.m. Thursday.

The successful candidate will replace State's Attorney John Barsanti, who is slated to become a circuit judge Dec. 1, until his elected term ends Dec. 3, 2012.

Officials said applicants should send a resume containing an attorney registration number, references, and a letter of introduction describing relevant professional experience to County Board Chairman Karen McConnaughay, 719 S. Batavia Ave., Geneva, IL 60134.

Watchers sought: A volunteer organization that monitors domestic violence cases in Kane County is looking for new members.

Those interested in joining Fox Valley Court Watch, which launched in August, can download an application at foxvalleycourtwatch.org.

                                                                                                                                                                                                                       
 

Organizers said newcomers will receive training at a session from 8 a.m. to 4 p.m. Tuesday, Oct. 5 in the multipurpose room at the Kane County Judicial Center, 37W777 Route 38, St. Charles.

CASA donation: Kane County Sheriff Pat Perez's 4th Annual Charity Car Show raised $8,500 this month for CASA Kane County, a nonprofit group that assists abused and neglected children.

The charity event, which took place Sept. 4 in Elburn, drew about 220 vehicles this year, the sheriff's office said.

Perez picks a different charity for the show each year. So far, the event has generated more than $30,000 for various organizations, including Disabled American Veterans and the Daniel P. Figgins Memorial Foundation.

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