People v. Amans

Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance
Citation
Case Number: 
2018 IL App (2d) 170405
Decision Date: 
Wednesday, June 27, 2018
District: 
2d Dist.
Division/County: 
Boone Co.
Holding: 
Vacated and remanded with directions.
Justice: 
BIRKETT

Defendant pled guilty to possession with intent to deliver more than 2000 but not more than 5000 grams of cannabis, and was sentenced to 4 years imprisonment, but then court reconsidered and changed to 48 months probation; but then, on motion of State, resentenced Defendant to 4 years. Court erred in granting motion of State to reconsider, as order of probation was not an illegal sentence, even if court beleived that its rationale was flawed when it entered that sentence. (HUDSON and JORGENSEN, concurring.)