People v. Larson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2022 IL App (3d) 190482
Decision Date: 
Monday, January 10, 2022
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Vacated and remanded for resentencing.
Justice: 
MCDADE

Defendant convicted of aggravated driving under the influence and sentenced to six years of imprisonment. The appellate court vacated and remanded for re-sentencing, finding the trial court committed clear error when the sole aggravating factor considered during sentencing was a factor inherent in the offense. Trial court also erred when it allowed victim impact statements not authorized by the Rights of Crime Victims and Witnesses Act. (DAUGHERITY and SCHMIDT, concurring)