{
  "id": 5428859,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANK TURNER, a/k/a Karry Sharp, Appellee",
  "name_abbreviation": "People v. Turner",
  "decision_date": "1976-09-20",
  "docket_number": "No. 47553",
  "first_page": "183",
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    "id": 8772,
    "name": "Illinois Supreme Court"
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  "provenance": {
    "date_added": "2019-08-29",
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    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANK TURNER, a/k/a Karry Sharp, Appellee."
    ],
    "opinions": [
      {
        "text": "MR. CHIEF JUSTICE WARD\ndelivered the opinion of the court:\nWe granted the People leave to appeal from a judgment of the appellate court (26 Ill. App. 3d 1051) reversing the conviction of the defendant, Frank Turner, a/k/a Karry Sharp, in the circuit court of Macon County, for driving a motor vehicle after revocation of his driving privileges in violation of section 6 \u2014 303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 951/2, par. 6-303).\nAt some time prior to May 29, 1968, the defendant, under the name of Frank Turner, made application to the Secretary of State for an automobile driver\u2019s license. On May 29, 1968, the Secretary of State ordered the defendant\u2019s license revoked on the ground that he had been convicted of a felony in the commission of which a motor vehicle had been used. (Ill. Rev. Stat. 1967, ch. 951/2, par. 6 \u2014 205(a)(3).) The order of revocation stated in addition that the defendant\u2019s \u201cprivilege of obtaining a license\u201d was revoked. Later in 1968 another order of revocation of license was issued by the Secretary for the defendant\u2019s having used a driver\u2019s license issued to another person. (Ill. Rev. Stat. 1967, ch. 951/2, par. 6 \u2014 206(a)(10).) In 1970 the defendant applied for a license in his own name, which application was denied by the Secretary. In June of 1972, the defendant again applied for a driver\u2019s license, this time using the name \u201cKarry Sharp.\u201d On this application he answered \u201cNo\u201d to the question asking whether his driving privileges had ever been revoked in this or another State. He was issued a license by the Secretary under the name \u201cKarry Sharp.\u201d\nIn February and May of 1973, on three occasions, the defendant was arrested and charged with driving while his privilege to drive was revoked. Following these arrests, the Secretary, on June 7, 1973, entered an \u201corder of cancellation\u201d which cancelled the license issued in the name of \u201cKarry Sharp\u201d on the ground that the defendant had not been entitled to its issuance because of the revocations ordered in 1968. (Ill. Rev. Stat. 1973, ch. 95V2, par. 6 \u2014 201(a).) On October 25, 1973, the defendant was convicted before a jury on three counts of driving after revocation of the privilege to drive and was sentenced to a year in the custody of the Department of Corrections.\nIn reversing the convictions the appellate court held that the prosecution had not proved that the defendant had driven a motor vehicle while his privilege to do so was revoked. The court judged basically that the issuance of the license in 1972 under the name of \u201cKarry Sharp\u201d effectively restored the defendant\u2019s driving privileges until that license was cancelled in June of 1973, subsequent to the defendant\u2019s arrests.\nSection 6 \u2014 303(a) of the Illinois Vehicle Code makes it a Class A misdemeanor for any person to drive a motor vehicle on any highway of this State at a time when his driver\u2019s license or privilege to drive, or his privilege to obtain a license, is revoked. (Ill. Rev. Stat. 1973, ch. 951/2, par. 6-303(a).) The elements of the offense are: (1) the act of driving a motor vehicle on the highways of this State, and (2) the fact of the revocation of the driver\u2019s license or privilege. (People v. Strode, 13 Ill. App. 3d 697, 698; People v. Jensen, 24 Ill. App. 2d 302, 314, aff\u2019d, 21 Ill. 2d 52.) Only the second element has been questioned by the defendant.\nSection 6 \u2014 103(3) of the Code (Ill. Rev. Stat. 1973, ch. 951/2, par. 6-103(3)) prohibits the Secretary from issuing a license to any person whose license has been revoked except, as relevant here, in accordance with section 6-208. Section 6 \u2014 208(b) provides:\n\u201cAny person whose license or permit or privilege to drive a motor vehicle on the highways has been revoked shall not be entitled to have such license or permit or privilege renewed or restored. However, such person may make application for a license as provided by Section 6 \u2014 106 of this Act:\n(1) If the revocation was for a cause which has been removed, at any time; or\n(2) If the revocation was for any other cause, after the expiration of 1 year from the date of revocation.\nIn either event, the Secretary of State shall not issue such license unless and until he is satisfied after investigation of such person that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.\u201d (Ill. Rev. Stat. 1973, ch. 951/2, par. 6-208(b).)\nThese sections make it clear that if a license or privilege to drive has been revoked there is no automatic restoration of the privilege. (People v. Suddoth, 52 Ill. App. 2d 355, 358.) Before the privilege to drive may be restored, section 6 \u2014 208 first requires the making of an application for a license as provided in section 6 \u2014 106. Then, as an additional requirement, the Secretary must make a determination that granting the privilege will not endanger the public safety or welfare.\nA part of section 6 \u2014 106 which is significant here provides: \u201cEvery application shall state *** whether the applicant has theretofore been licensed as a driver, *** and whether any such license has ever been cancelled, suspended, revoked or refused, and, if so, the date and reason for such cancellation, suspension, revocation or refusal ***.\u201d Ill. Rev. Stat. 1973, ch. 951/2, par. 6-106(b).\nThe legislature has established through section 6 \u2014 208 the procedure to have driving privileges restored. It calls for the disclosure of the revocation or other action taken against the applicant and then provides that the Secretary shall not issue a license until he has investigated the applicant and determined that to grant the privilege of driving on the highways will not endanger the public safety or welfare.\nThe Secretary of State had revoked the defendant\u2019s license, and it could be restored only upon compliance with the provisions of the statute. The defendant, of course, did not comply with the provisions of section 6 \u2014 208. His privilege to drive was not restored through his fraudulently obtaining a license under the name \u201cKarry Sharp.\u201d\nFor the reasons given, the judgment of the appellate court is reversed and the judgment of the circuit court is affirmed.\nAppellate court reversed; circuit court affirmed.",
        "type": "majority",
        "author": "MR. CHIEF JUSTICE WARD"
      }
    ],
    "attorneys": [
      "William J. Scott, Attorney General, of Springfield, and Basil G. Greanias, State\u2019s Attorney, of Decatur (James B. Zagel, Jayne A. Carr, and Timothy B. Newitt, Assistant Attorneys General, of Chicago, and Jerry Finney, Assistant State\u2019s Attorney, of counsel), for the People.",
      "Richard J. Wilson, Deputy Defender, Office of State Appellate Defender, of Springfield (John L. Swartz, Assistant Defender, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "(No. 47553.\nTHE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANK TURNER, a/k/a Karry Sharp, Appellee.\nOpinion filed September 20, 1976.\nWilliam J. Scott, Attorney General, of Springfield, and Basil G. Greanias, State\u2019s Attorney, of Decatur (James B. Zagel, Jayne A. Carr, and Timothy B. Newitt, Assistant Attorneys General, of Chicago, and Jerry Finney, Assistant State\u2019s Attorney, of counsel), for the People.\nRichard J. Wilson, Deputy Defender, Office of State Appellate Defender, of Springfield (John L. Swartz, Assistant Defender, of counsel), for appellee."
  },
  "file_name": "0183-01",
  "first_page_order": 205,
  "last_page_order": 209
}