Defendant was convicted of aggravated domestic battery of his former girlfriend, after he choked her to the point of unconsciousness, and then choked her again. Court did not err in refusing to allow victim to withdraw her written victim impact statement. Court allowed victim to speak freely at 2nd sentencing hearing and to explain the changes from prior written statement, and court did not abuse its discretion in refusing to withdraw statement given impassioned tone of her earlier statement and her mother's testimony that she changed her mind only after being pressured by Defendant's mother. Court revoked Defendant's probation, as he had contacted victim at 1 a.m., and failed 2 drug tests; he was sentenced him to 6 years.Court did not abuse its discretion in sentencing; court considered victim's wishes about sentence but found those concerns outweighed by many aggravating factors. (JORGENSEN and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Aggravated Domestic Battery