People v. Mercado

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2023 IL App (3d) 220202
Decision Date: 
Monday, May 22, 2023
District: 
3d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed in part, vacated in part, and remanded.
Justice: 
PETERSON

Defendant was found guilty of multiple counts of violation of owner’s duties and three counts of animal cruelty. The trial court merged the various charges and sentenced defendant on one count of violation of owner’s duties, a class B misdemeanor, and two counts of animal cruelty, a Class A misdemeanor. Defendant appealed, arguing that the trial court erred when it imposed a two-year term of probation and two additional two-year terms of conditional discharge, all to be served consecutive to each other. The appellate court vacated the sentence and remanded for resentencing, finding that defendant’s sentence exceeded the maximum aggregate sentence allowed in section 5-8-4(f)(2) of the Unified Code of Corrections. (HOLDRIDGE and HETTEL, concurring)