(Correcting case link.) Defendant, age 19 at time of offense, was convicted, after jury trial, of aggravated battery of a corrections officer, a Class 2 felony; and was sentenced as a Class X offender to 6 years. As Defendant was 21 at time of trial and sentencing, court properly sentenced him pursuant to Section 5-4.5-95(b). Interview of Defendant, which was his first interview, was not coercive. No other officers were present during interview, and no evidence that Defendant refused to speak. Based on all circumstances, Defendant was not in custody and was not coerced into incriminating himself during his interview with officer. Court thus properly denied Defendant's motion to suppress. (KARMEIER, KILBRIDE, GARMAN, and THEIS, concurring; FREEMAN and BURKE, dissenting.)
Illinois Supreme Court
Criminal Court
Sentencing