People v. Brown

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2018 IL App (1st) 160924
Decision Date: 
Tuesday, October 9, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed as modified; remanded with directions.
Justice: 
MASON

Defendant was convicted, after bench trial, of 1 count of being an armed habitual criminal, 2 counts of unlawful use or possession of a weapon by a felon (UUWF), and 2 counts of aggravated unlawful use of a weapon. The fact that the court imposed a greater sentence than that offered in plea deal does not support an inference that it imposed the sentence as a punishment for demanding trial, and nothing in record shows that. The lack of an expansive explanation of reasons for court's selection of sentence did not deprive Defendant of the opportunity to mount a meaningful challenge to it. Court's mention of prior UUWF conviction was made to provide accurate description of Defendant's criminal history, and was not an improper double enhancement.  Remanded to modify fines, fees, and costs order. (LAVIN, concurring; HYMAN, concurring in part and dissenting in part.)