People v. Young

Defendant was found guilty of predatory criminal sexual assault of a child and was sentenced to 10 years’ imprisonment. Defendant appealed alleging that the trial court improperly considered his refusal to make a statement in allocution as an aggravating factor in sentencing and that he was entitled to reversal of his conviction based on the timing of filing of exhibits in the appeal. The appellate court found there was no merit to defendant’s argument that he was entitled to reversal of his conviction because additional exhibits were filed during the pendency of the appeal where he was given the required amount of time to file his brief. The appellate court further found that it was error to consider defendant’s refusal to make a statement in allocution as an aggravating factor, but could not determine the weight the circuit court gave to the defendant’s refusal to make a statement in allocution and, accordingly, vacated his sentenced and remanded for resentencing. (O’BRIEN And DAUGHERITY, concurring)