People v. Krutsch

Defendant was found guilty of three counts of aggravated battery and one count of domestic battery and was sentenced to four concurrent six-year terms of imprisonment after finding that defendant was eligible to received extended-term sentences on all four counts. On appeal, defendant argued that post-trial counsel provided ineffective assistance during the sentencing hearing and that the trial court erred in imposing an extended-term sentence for count VI, which was a lesser-class offense than the other convictions. The appellate court affirmed in part and vacated in part, finding that defendant could not establish that counsel’s performance was deficient but that the trial court erred in imposing an extended-term sentence on all four counts because it was not statutorily permitted to impose an extended term sentence on count VI because sit was a lesser-class offense. (CAVANAGH and HARRIS, concurring)