People v. Johnson

This case presents question as to whether defendant forfeited argument that trial court committed plain error during sentencing defendant to 10-year term of incarceration by considering fact that he held position of trust over victim on charged offense of aggravated domestic violence. While Appellate Court agreed with defendant that trial court erred in considering said factor, it further noted that defendant had failed to raise said issue during sentencing hearing, and that defendant had failed to establish that such consideration constituted plain error, where: (1) evidence at sentencing was not closely balanced, given strength of factors in aggravation; and (2) defendant failed to show that consideration of said factor deprived him of fair sentencing hearing, In his petition for leave to appeal, defendant argues that consideration of improper sentencing factor violated a fundamental right and triggers plain-error review.