People v. Arbuckle

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2016 IL App (3d) 121014-B
Decision Date: 
Tuesday, August 16, 2016
District: 
3d Dist.
Division/County: 
Bureau Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Defendant was convicted of aggravated domestic battery and aggravated battery.Court's comments and sentence imposed show that court, at time of sentencing, did not believe Defendant to be extended-term eligible. Thus, court did not commit clear or obvious error in sentencing Defendant to 4 years for aggravated battery. No ineffective assistance of counsel in counsel's failure to raise issue of Defendant's extended-term eligibility, given court's apparent conclusion that Defendant was not extended-term eligible. Given the circumstances of offense, court could not have been more lenient in its sentencing. Court properly found that victim's injury was great bodily harm, as Defendant shattered victim's arm with broken end of golf club and injury required extensive rehab and further surgery.(LYTTON and WRIGHT, concurring.)