People v. Alvarez

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (1st) 092119
Decision Date: 
Tuesday, May 1, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
HARRIS
After bench trial, Defendant was convicted and sentenced to 40 years for felony murder predicated on home invasion with mandatory 25-year firearm enhancement, and nonenhanced 8-year term for attempted felony murder. Court's findings that Defendant did not reside at residence of victim, and did not have permission to enter, and that Defendant had intent to do violence, were supported by evidence. Sentence was not excessive; it was in middle of permissible range, and court considered all evidence and factors in mitigation and allocution. No evidence that court was influenced by Defendant's eligibility for death penalty. (QUINN and CUNNINGHAM, concurring.)