People v. Foreman, 2019 IL App (3d) 160334 (April). Episode 629 (Duration 5:42)
A felony DWLR can’t be used to sentence and individual as a mandatory X sentence.
[Read more…]A Constitutional Claim To Minimize The Sentence For A Nonviolent Repeat Offender
People v. Allen, 2017 IL App (1st) 151540 (December). Episode 430 (Duration 9:24)
10 and a half years for burglary to a car are reduced to six years because the second division in the first district says so. [Read more…]
Third or More DUI’s Is Considered Aggravated DUI And Subjects Offender To Stiffer Penalties.
People ex rel. Glasgow v. Carlson, 2016 IL 120544 (December). Episode 382 (Duration 10:20)
Mandamus awarded to force trial court to sentence defendant as a class X offender.
Defendant Is Eligible For Mandatory X Sentencing Because He Turned 21 By The Time The Court Found Him Guilty
People v. Smith, 2016 IL 119659 (December). Episode 288 (Duration 8:06)
Defendant is eligible for mandatory x sentencing because he turned 21 by the time the court found him guilty even though he was under 21 at the time he was charged.
Paltry Crime For Paltry Sum Leads To Un-Paltry Sentence: 12 Years For $44 In Quarters Doesn’t Seem Constitutiional
People v. Busse, 2016 IL App (1st) 142941 (December). Episode 280 (Duration 8:27)
A paltry crime for a paltry sum does not warrant the paltry sentence of 12 years. [Read more…]
Drug Sentencing Enhancements In Illinois
Plea negotiation drug case should be better for the defense. The double drug conviction enhancement appears to be dead in the water. When two sentencing enhancement provisions are in conflict the later one that uses the word “shall” wins. [Read more…]
What Happens After a Void Sentence? Both Parties Should Gain the Benefit of Negotiated Plea Deal
What happens after a void sentence? In this case, defendant’s postconviction petition is dismissed. But the sentence was void. [Read more…]