People v. Butler

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2013 IL App (1st) 120923
Decision Date: 
Friday, June 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Defendant was sentenced to 80 years imprisonment for first-degree murder. Court properly considered all factors in aggravation and mitigation including Defendant's history as a juvenile, his youth, and troubled childhood; and that murder victim was innocent victim who did not participate in gangs or narcotics. Firearm sentence enhancement statute (25 years) applied to sentence is not unconstitutionally vague on its face or as applied. Although sentence enhancement allows for wide range of sentences, scope of range is clear and definite, and court has no discretion to decide whether to impose it. (ROCHFORD and DELORT, concurring.)