People v. Hussain

Plaintiff, who entered into a blind plea on one count of reckless homicide while operating a vehicle and refusing to comply with the lawful order of police officers, appealed from his sentence arguing that the trial court committed plain error by considering a factor inherent in the offense in aggravation and that the trial court imposed an excessive term of imprisonment. The appellate court affirmed, finding that the trial court properly highlighted the defendant’s many intentional acts, even if he did not intend the specific harm, and that the trial court properly considered conduct reasonably within its discretion and that nothing in the sentencing record indicated that the trial court failed to consider all relevant mitigating factors. (ODEN JOHNSON, concurring and TAILOR, dissenting)