People v. Jones, 2016 IL 119391 (October). Episode 248 (Duration 5:53)
Prior adjudications may be considered for extended terms proved up at sentencing with a PSI without any Apprendi violations. [Read more…]
People v. Arbuckle, 2016 IL App (3d) 121014-B (August). Episode 218 (Duration 7:08)
Bodily harm may be considered an aggravating factor without employing a double enhancement if the injury is above a threshold level. [Read more…]
Plea bargaining a drug case with a defendant with a prior drug conviction can feel like a boxing match with one of the fighter’s arms tied behind his back. In my little analogy, guess which side has their arms tied down? In podcast episode 012 of the Criminal Nuggets Podcast, I discuss a recent case which can drastically change the dynamics of plea bargaining a drug case 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…]