Defendant was found guilty of residential burglary and sentenced to 20 years because of his prior criminal convictions. Defendant appealed, arguing that the abuse of discretion standard employed by courts reviewing the imposition of a sentence should be abandoned, because it is inconsistent with the Illinois Constitution, Illinois Supreme Court Rule 615(b), and the Unified Code of Corrections. Appellate Court declined to abandon abuse of discretion standard. The Illinois Supreme Court has extensively considered the propriety of using the standard and has repeatedly upheld its use, and Appellate Court has no authority to overrule it. Further, Defendant’s 20-year sentence was not an abuse of discretion, because it was well within his sentencing range of 6 to 30 years, and Court properly considered the nature and circumstances of the offense as well as Defendant’s rehabilitative potential.
Illinois Appellate Court
Criminal Court
Sentencing; Abuse of Discretion