People v. Birge

Illinois Supreme Court
Criminal Court
Restitution
Citation
Case Number: 
2021 IL 125644
Decision Date: 
Sunday, February 21, 2021
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Appellate court affirmed in part and reversed in part; circuit court affirmed in part and reversed in part; remanded with directions.
Justice: 
M. BURKE

Defendant was convicted, after jury trial, of burglary and arson, and sentenced to 24 years and 6 months on each count, to be served concurrently, and ordered Defendant to pay victim $117,230 in restitution. No error in admonishments given to prospective jurors pursuant to Rule 431(b). The rule does not require that responses by potential jurors be conveyed orally rather than by a show of hands. Court recited the 4 specific principles in the rule verbatim and then asked specific questions about whether jurors accepted and understood those principles. Restitution order was entered erroneously without sufficient evidentiary support. Remanded for a new hearing on restitution. (A. BURKE, GARMAN, THEIS, OVERSTREET, and CARTER, concurring; NEVILLE, dissenting.)