People v. Barnes

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2017 IL App (1st) 143902
Decision Date: 
Thursday, November 30, 2017
District: 
1st Dist.
Division/County: 
Cook Co.,4th Div.
Holding: 
Affirmed.
Justice: 
BURKE

Defendant, age 19 at time of offense, was convicted, after jury trial, of home invasion and robbery, and sentenced to consecutive terms of 18 years and 5 years. Trial judge did not display antagonism and bias toward defense counsel, but was ruling on State’s objections and advising defense counsel how to properly question Defendant on direct examination. Judge permitted defense counsel to properly elicit testimony of Defendant without making comments about the testimony.  Court’s finding that Defendant caused great bodily harm was not an element of the offense but was a sentencing element, and finding was supported by the record. No abuse of discretion in sentence, and no ineffective assistance of counsel. (McBRIDE and ELLIS, concurring.)