People v. Holman

Defendant was convicted, after jury trial, of aggravated domestic battery, for allegedly pressing his thumbs into the eye sockets of his uncle, age 63, during a fight; Defendant prevented uncle from using phone to call for aid. Uncle was severely injured, and had to have one eye removed and lost most of his vision in the other eye. Defendant was sentenced to 14 years. Rational trier of fact could have found that aggravated domestic battery was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. Extent of great bodily harm or permanent disability inflicted was far beyond that necessary for conviction for aggravated domestic battery. Court did not consider improper factor in sentencing, even though court made a specific comment about permanent nature of injuries. Court within its discretion in sentencing Defendant to maximum extended-term sentence available, given Defendant's prior criminal history and extent of injury to victim. (O'BRIEN and WRIGHT, concurring.)