People v. Clark

This case presents question as to whether trial court properly sentenced defendant on motion to reconsider imposition of two consecutive terms of 16 years on two counts of aggravated battery based on discharge of firearm, even though defendant was 17 years old at time of charged offenses. While defendant claimed that trial court had failed to consider particular mitigation factors set forth in section 5-4.5-105(a) of Code of Corrections and had failed to either cite or assign values to each of said sentencing factors, Appellate Court, in affirming defendant’s sentence, held that trial court did not abuse its discretion when sentencing defendant, and that defendant had failed to point to anything to show that trial court improperly considered aggravating factors when sentencing him. Moreover, Appellate Court found that consideration of factors set forth in section 5-4.5-105(a) was not required, where defendant’s offenses took place prior to effective date of such section. Defendant further alleged that his post-arrest statements should have been suppressed, where he was arrested pursuant to investigative alert, as opposed to arrest warrant issued by judge. (Partial dissent filed.)