Illinois Supreme Court January 24, 2003, 93089 (People v. Pomykala)

JUSTICE GARMAN

delivered the opinion of the court:

Following a jury trial in the circuit court of Will County, defendant Thomas Pomykala was convicted of reckless homicide. The appellate court reversed and remanded for a new trial, holding that section 9 — 3(b) of the Criminal Code of 1961 (Code) (720 ILCS 5/9 — 3(b) (West 2000)) created an unconstitutional mandatory presumption of recklessness.