Defendant, who was 19 at time of offense, was convicted, after bench trial, of 1st degree murder and aggravated battery of a 4-month-old infant. At his 3rd and most recent sentencing in 2015, Defendant was sentenced to a total of 29 years. Appellate court's 2009 order (that consecutive, not concurrent, sentences were statutorily required) was valid when issued and conformed to then-existing supreme court precedent. Appellate court vacated Defendant's 2nd sentencing (of 2010) at Defendant's request. Illinois Supreme Court's 2016 Price decision, that primary purpose of 2015 Castleberry decision was to preserve finality of judgments, controls. Court's failure to offer Defendant opportunity to speak before pronouncing sentence does not require remand. Trial court considered mitigating factors, as it discussed them in great detail. No basis to vacate Defendant's 29-year sentence. (BURKE and McBRIDE, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing