Defendant was convicted, after jury trial, of domestic battery and violation of an order of protection, and was sentenced to consecutive prison terms of 6 and 3 years. Given Defendant's criminal history, court was not authorized to impose an extended-term sentence. Remanding for resentencing is unnecessary as record establishes the trial court's intent to sentence Defendant to maximum available sentence for both convictions. Court considered all relevant factors, including evidence in mitigation, and no error in court's finding that aggravating factors and seriousness of offenses outweighed mitigating evidence. Sentence for domestic battery is reduced to maximum nonextended term of 3 years, and remanded with directions to modify order setting forth imposed fines to show $475 monetary credit. (KNECHT, concurring; STEIGMANN, specially concurring.)
Illinois Appellate Court
Criminal Court
Domestic Battery