Woodstock man violates probation, resentenced to 5 years in prison

A Woodstock man saw his probation revoked after twice testing positive for cocaine and not reporting to court services and was resentenced to five years in prison, according to documents in the McHenry County courthouse.

Last year, Jose L. Urbina, 36, entered into a negotiated plea of guilty for drunken driving in 2021 when he crashed his vehicle into the Woodstock Food Mart, injuring a woman inside.

He pleaded guilty to aggravated driving under the influence and driving while license was suspended. In exchange for his guilty plea at that time, three other counts of aggravated driving under the influence were dismissed, according to court records.

He had been sentenced to 30 months reporting probation and 180 days in county jail.

“Urbina violated his terms of probation by testing positive for cocaine on Jan. 5 and Jan. 18 and he missed a drug/alcohol test that was requested by court services on Feb. 2.”

—  Assistant State's Attorney Justin Neubauer

But, because the jail term was required to be served at 50% and Urbina had credit for 105 days spent in the jail after his arrest, the jail term was considered served.

Terms of his probation included that he abstain from the use of alcohol or any illicit drugs and report to court services for random drug/alcohol testing, Assistant State’s Attorney Justin Neubauer wrote in the petition for revocation of probation on file in the McHenry County courthouse.

Urbina violated his terms of probation by testing positive for cocaine on Jan. 5 and Jan. 18 and he missed a drug/alcohol test that was requested by court services on Feb. 2, Neubauer said.

At the time Urbina crashed his vehicle into the store, located at 1013 N. Seminary Ave., his driver’s license was suspended because of two DUI convictions from June 7, 2019, and Sept. 4, 2019, in McHenry County, according to the indictment filed in the McHenry County courthouse.

The crash occurred about 7 p.m. May 14, 2021, and injured a woman inside the store.

The woman was flown to Advocate Condell Medical Center in Libertyville for treatment of serious injuries, police said at the time.

Under his new sentencing Friday, Urbina still received credit for the 105 days spent in jail after his initial arrest and he will be on mandatory supervised release after serving his prison time for one and a half years, according to the sentencing order filed in the courthouse.

He is required to serve 85% of the three-year sentence imposed for the aggravated DUI charge and 50% of the two-year sentence for driving on a revoked license, according to the sentencing order.

Judge James Cowlin also found that the offenses were committed as the result of the use or abuse or addiction to alcohol or a controlled substance, and recommended that Urbina receive substance abuse treatment while incarcerated.