Subject Index Sentencing

Offense committed by a 17-year-old defendant does not qualify for class X sentence

January
2023
Illinois Law Update
, Page 14
On Oct. 20, 2022, the Illinois Supreme Court held that a defendant’s first felony committed at 17 years old was not a qualifying offense for class X sentencing.

Resentencing judge abused discretion by imposing longer sentence than agreed upon by state and defendant

December
2022
Illinois Law Update
, Page 12
On Sept. 30, 2022, the First District of the Illinois Appellate Court held that the resentencing judge abused his discretion when he imposed a longer sentence upon the defendant than the government and state agreed on.

Guilty plea waived constitutional claim that rights were violated by a de facto life sentence

June
2022
Illinois Law Update
, Page 16
On Mar. 9, 2022, the Third District of the Illinois Appellate Court held that a guilty plea waives a challenge to a de facto life sentence.

Postjuvenile conviction does not support the armed habitual provision of the Criminal Code

January
2022
Illinois Law Update
, Page 16
On Oct. 12, 2021, the First District of the Illinois Appellate Court reversed a trial court’s judgment that a juvenile was an armed habitual criminal.

Application of Illinois parole statute held constitutionally valid

December
2021
Illinois Law Update
, Page 14
On Sept. 13, 2021, the Fifth District of the Illinois Appellate Court held that a trial court’s application of a new Illinois parole statute to an 80-year sentence is constitutionally valid.

Challenge to life sentence rejected as defendant exceeded the unconstitutional age range for juvenile natural-life sentences

November
2021
Illinois Law Update
, Page 16
On Aug. 11, 2021, the Fourth District of the Illinois Appellate Court affirmed a circuit court’s judgment to impose a natural-life sentence.

Useful Sentencing

By Andrea D. Lyon & Hannah J. Brooks
October
2021
Article
, Page 44
What does the Illinois Constitution’s requirement that criminal sentencing include the objective of restoring the offender to useful citizenship mean?

Cocaine Isn’t What It Used to Be

By Thomas A. Drysdale
September
2021
Article
, Page 36
Cocaine is not defined the same way under Illinois and federal law. An analysis of the impact of United States v. Ruth on federal drug sentencing enhancements.

55-year sentence affirmed even with extensive presentence investigation report

August
2021
Illinois Law Update
, Page 18
On May 26, 2021, the Fifth District of the Illinois Appellate Court held that a 55-year sentence does not violate Eighth Amendment rights.

Failing to inform defendant of class X sentencing eligibility constitutes ineffective assistance of counsel

April
2021
Illinois Law Update
, Page 18
On Jan. 29, 2021, the Third District of the Illinois Appellate Court held that a defense counsel’s failure to inform the defendant of the defendant’s class X sentencing eligibility constitutes ineffective assistance.

The Ball Is in Your Court

By Benjamin M. Sardinas
May
2020
Article
, Page 34
Addressing assessment and sentencing credit errors at the trial court level after Illinois Supreme Court Rule 472.

Maxing Out

By Pete Sherman
June
2019
LawPulse
, Page 10
Drug offenders in the Central District of Illinois are more likely to face longer sentences than anywhere else in the country.

Defendant’s pro se motion to explain absence from sentencing merits consideration

May
2019
Illinois Law Update
, Page 14
The defendant, with a prior burglary conviction, pleaded guilty to burglary and theft, but then failed to appear at his sentencing hearing. The trial court sentenced the defendant in abstentia to six years of prison.

Defendant who enters a partially negotiated plea agreement may challenge a sentence as improper without withdrawing his plea

February
2018
Illinois Law Update
, Page 18
The Fourth District Appellate Court reversed and remanded a case with instructions for a new sentencing hearing.

Tolling the One-Year Limitation Period for Habeas Petitions After Holland v. Florida

By Angela J. Rollins
January
2018
Article
, Page 38
In 2010, the Supreme Court held that equitable tolling applies to the one-year limitation for filing federal habeas petitions, giving defendants a pathway to relief when they're victims of attorney misconduct and other "extraordinary circumstances."

Gun offenders face stricter sentencing guidelines for unlawful use or possession of firearms

September
2017
Illinois Law Update
, Page 18
A felon convicted of unlawful use or possession of a firearm shall be sentenced to a term of imprisonment not less than 7 years but not more than 14 years.

Juvenile adjudications held equivalent to convictions for extended-term sentencing

April
2017
Illinois Law Update
, Page 22
The Illinois Supreme Court held that a prior juvenile adjudication is the equivalent of a prior conviction for purposes of extended-term sentencing.

Mandatory sentence overturned for being grossly disproportionate to the offense

March
2017
Illinois Law Update
, Page 28
Busse's sentence of 12 years in state penitentiary for burglary committed in a school was overturned as excessive.

Sentencing review process proposed for youthful offenders

February
2017
Illinois Law Update
, Page 20
A proposed amendment to the Uniform Code of Corrections would allow certain youth offenders to petition for sentencing review.

Mental illness officially taken into consideration for sentencing

November
2016
Illinois Law Update
, Page 18
The Unified Code of Corrections was amended to ensure mental illness will be weighed in favor of withholding or minimizing a prison sentence.

Enhanced sentencing under the Habitual Criminal Act does not violate proportionate penalties clause

May
2016
Illinois Law Update
, Page 16
On February 19, 2016, the Supreme Court of Illinois held that enhanced sentencing under the Habitual Criminal Act does not affect whether a sentence for aggravated vehicular hijacking with a dangerous weapon other than a firearm ("AVH/DW") violates the Proportionate Penalties Clause of the Illinois Constitution.

Final Words: A Sentencing Hearing Guide for Prosecutors and Defense Attorneys

By Timothy James Ting
May
2016
Article
, Page 24
A look at an often overlooked proceeding in criminal law that has a powerful impact on a defendant's future.

Sentencing scheme for aggravated unlawful use of a weapon does not violate Illinois Constitution’s Proportionate Penalties Clause

March
2016
Illinois Law Update
, Page 26
On December 3, 2015, the Supreme Court of Illinois reversed a circuit court's order and held that section 24-1.6(a)(1), (a)(3)(C) of the Aggravated Unlawful Use of a Weapon (AUUW) statute does not violate the Proportionate Penalties Clause of the Illinois Constitution or the Equal Protection clauses of the United States and Illinois Constitutions.

Additional factor in imposing extended term sentences. PA 098-0014

August
2013
Illinois Law Update
, Page 392
With the popularity of flash mobs - and flash mob criminal groups - on the rise in recent years, the legislature added mob action to the list of factors that a court may consider in order to impose an extended term sentence. 730 ILCS 5/5-5-3.2.

Illinois lawmakers revive overturned armed robbery sentencing enhancement

By Adam W. Lasker
July
2013
LawPulse
, Page 330
After the high court held a sentencing enhancement unenforceable because its penalty was tougher than that of a second law with the same elements, lawmakers changed the elements of the second law and thereby revived the first.

Guilty Pleas and Parole: A Practitioner’s Guide to People v Whitfield

By Geoffrey Burkhart
November
2011
Article
, Page 580
Whitfield creates a remedy for defendants who took negotiated pleas without being told they must also do "mandatory supervised release" (aka parole). This article explores the law.

Fine raised for imposing absolute liability for misdemeanor crimes. PA 096-1198

July
2011
Illinois Law Update
, Page 336
Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).

First-time misdemeanor violators of the Use of Intoxicating Compounds Act may elect to receive treatment. PA 096-1440.

July
2011
Illinois Law Update
, Page 336
The Alcoholism and Other Drug Abuse and Dependency Act has been amended and expanded to allow not only addicts or alcoholics convicted of a crime but also first-time misdemeanor violators of the Use of Intoxicating Compounds Act to choose to receive treatment under the supervision of a designated licensed program. (20 ILCS 301/40-5; 720 ILCS 690/4).

Death penalty is abolished. PA 096-1543

May
2011
Illinois Law Update
, Page 228
Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.

Retail theft penalties adjusted. PA 096-1301

December
2010
Illinois Law Update
, Page 616
 Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.

Select a Different Subject