WOODSTOCK – A judge has refused to accept a McHenry man’s quick guilty plea to drunken driving after his criminal history – including as many as six prior DUIs – came to light.
On March 8, less than two weeks after he was charged with DUI and several other offenses, such as improper lane use, Ismael G. Luna, 51, of McHenry stepped up to the bench and pleaded guilty to all counts.
It was an unusual move. Most cases drag on for months, if not years.
Because an indictment or other necessary paperwork had not been filed yet, the assistant state’s attorney asked that the case be continued so prosecutors could look into it.
Luna has a history of drunken driving, but had been charged with the lowest possible class of felony – Class 4, typically punishable by up to three years in prison.
According to the Illinois Department of Corrections website, Luna currently is on parole after being sentenced to 4½ years for a 2008 DUI in Kane County.
Two other sentences, both out of McHenry County, included four years for a 2007 DUI and two years for a 2004 DUI.
In the latest incident, Luna was arrested Feb. 25 by Algonquin police at Randall and Algonquin roads, court records show.
On the day Luna pleaded guilty in that case, Judge Sharon Prather acknowledged the plea but didn’t accept or reject it. Instead, the case was continued.
In the interim, Luna was indicted on more serious charges, Class 1 felonies typically punishable by up to 15 years in prison. Prosecutors have said, however, that he could be eligible for a longer sentence because of his criminal history.
Luna’s attorney, Mark Facchini, said in court documents that the guilty plea should have been accepted because the original charges were filed at the discretion of the State’s Attorney’s Office and the case was being actively prosecuted.
But Prather said she was exercising her judicial discretion and rejected the plea on Friday.
“The court is not obligated to accept a plea so that the defendant can avoid being charged with a more serious offense,” she said.
Luna then entered a not guilty plea to the more serious charges. His next scheduled court date is May 4.