People v. Weiser

Illinois Appellate Court
Criminal Court
Case Number: 
2013 IL App (5th) 120055
Decision Date: 
August 7, 2013
5th Dist.
Clinton Co.
Affirmed as modified.
Defendant was sentenced to 20 years for aggravated DUI, as result of collision that killed four people. Court made determination necessary to adjudicate Defendant guilty before sentencing her, including express finding that a factual basis existed for plea. Thus, court made adjudication of guilt apparent from the record, and court had authority to sentence Defendant. Although length of sentence would pose hardship to Defendant's three young children, for whom Defendant had been primary caretaker, court properly considered factors in mitigation, and found she was likely to reoffend based on PSI report, and rehabilitative potential was outweighed by seriousness of offense. (SPOMER and STEWART, concurring.)