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People v. Sienkiewicz

Case Date: 06/06/2002
Court: 2nd District Appellate
Docket No: 2-01-0349 Rel

No. 2--01--0349

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE OF
ILLINOIS,

          Plaintiff-Appellee,

v.

MARIUSZ SIENKIEWICZ,

          Defendant-Appellant.

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) 		Appeal from the Circuit Court
of Lake County.


No. 00--CF--2803

Honorable
Christopher C. Starck,
Judge, Presiding.
 


JUSTICE GEIGER delivered the opinion of the court:

The defendant, Mariusz Sienkiewicz, appeals from the January19, 2001, order of the circuit court of Lake County denying hismotion to dismiss the indictment charging him with recklesshomicide (720 ILCS 5/9--3(a) (West 2000)). The defendant arguedthat the State could not proceed against him on the recklesshomicide charge because he had previously pleaded guilty to theoffense of reckless driving (625 ILCS 5/11--503(a) (West 2000)) forthe same conduct. The trial court denied the motion, finding thatthe prosecution did not violate double jeopardy and that the Statewas not estopped from prosecuting the reckless homicide charge. Wereverse.

The facts relevant to the appeal are as follows. On July 16,2000, the defendant lost control of his motorcycle and collidedwith another vehicle on the off-ramp from northbound Interstate 94to westbound Route 132 in Gurnee. As a result of the accident, thedefendant's passenger, Anna Jaruga, suffered serious head injuriesand died.

Following the accident, the defendant received a trafficcitation for reckless driving in violation of section 11--503(a) ofthe Illinois Vehicle Code (625 ILCS 5/11--503(a) (West 2000)). According to the ticket, the defendant violated this section by"improper stopping in traffic, failure to signal when required,improper lane usage, [and] traveling at 80 m.p.h. plus in a 55m.p.h. zone." The ticket described the location of the offense asnorthbound Interstate 94 between mile markers 61 and 70.

On August 4, 2000, pursuant to a negotiated plea, thedefendant pleaded guilty to the reckless driving offense. Thedefendant was sentenced to six months' probation and fined $250. It also appears that the State agreed to nol-pros other trafficcitations that had been issued against the defendant, although therecord does not indicate what additional offenses were alleged inthese citations.

On September 6, 2000, the defendant was indicted for theoffense of reckless homicide (720 ILCS 5/9--3(a) (West 2000)). Theindictment alleged that on July 16, 2000, the defendant:

"while acting in a reckless manner, performed acts likely tocause the death of some individual, in that he operated a ***motorcycle on the off-ramp from northbound I-94 to westboundRoute 132 in Gurnee *** at a speed which was greater than theposted speed limit and which was greater than was reasonableand proper with regard to the existing traffic conditions andthe safety of persons properly upon the roadway, and he leftthe roadway, causing his motorcycle to strike a 1987 FordEconoline van, thereby causing the death of Anna Jaruga, whowas a passenger of said defendant's motorcycle."

On November 8, 2000, the defendant filed a motion to dismissthe indictment. The defendant argued that the indictment arosefrom the same facts that were the basis for his conviction of reckless driving. Accordingly, the defendant asserted that theState was precluded from prosecuting the indictment by the doublejeopardy guarantees of both the United States and IllinoisConstitutions. U.S. Const., amends. V, XIV; Ill. Const. 1970, art.I,