People v. Morger

Illinois Appellate Court
Criminal Court
Evidence; Sentencing
Citation
Case Number: 
140321
Decision Date: 
Wednesday, August 3, 2016
District: 
4th Dist.
Division/County: 
McLean County
Holding: 
Affirmed in part and vacated in part; cause remanded.
Justice: 
Steigmann

Defendant was found guilty of aggravated sexual abuse and criminal sexual abuse. State presented sufficient evidence to show force was used to commit the sexual conduct. Victim confirmed that Defendant would “force” her to touch him and “grab” her arms to make her touch him. Court erred by delegating its judicial discretion to the McLean County court services department to impose probationary conditions on Defendant. The imposition of probationary conditions is a part of sentencing and the court must impose any such conditions at the sentencing hearing. (APPLETON and POPE, concurring.)