Defendant appealed from his 10-year sentence for aggravated domestic battery, arguing that the trial court considered improper factors in aggravation when imposing the sentence. The appellate court affirmed, finding that defendant had forfeited his issue on appeal and that defendant did not establish that he was entitled to relief under plain error review. The supreme court also affirmed, explaining that the alleged error in sentencing was subject to the first prong plain error analysis, but that the arguments made by defendant correlated solely to the second prong of the plain error rule and, as a result, defendant did not invoke first prong plain error in his appeal. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Criminal Court
Plain Error Rule