People v. Blanton

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 4-08-0120
Decision Date: 
Thursday, June 30, 2011
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part in vacated in part; remanded with directions.
Justice: 
APPLETON
Defendant was found guilty of armed robbery and aggravated robbery. Court's failure to mention the fourth Zehr principle was error, but not plain error as evidence presented at trial overwhelmingly implicated him and established his guilt. Defendant's 25-year sentence is vacated, as it violates proportionate-penalties clause, and is remanded for resentencing in accordance with the sentencing scheme in effect prior to the enactment of the 15-year sentence enhancement. (KNECHT and McCULLOUGH, concurring.)