People v. Mitchell

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2014 IL App (1st) 120080
Decision Date: 
Wednesday, April 9, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Sentence vacated; remanded.
Justice: 
HYMAN
Court erred in not holding new sentencing hearing after Defendant's sentence was vacated and case was remanded for resentencing. Court should have held hearing to consider evidence from trial, new presentence investigation reports, and other documents and factors listed in Section 5-4-1(a), and should have allowed Defendant to make a statement on his own behalf. (NEVILLE and PUCINSKI, concurring.)