Defendant pled guilty to 2 counts of criminal sexual of his minor stepdaughter, and was initially sentenced to total 16 years. Court granted Defendant's motion to reduce his sentence, and resentenced him to total 15 years. Appellate court then remanded for filing of a valid Rule 604(d) certificate and for opportunity to file new motion to withdraw guilty plea and/or reconsider sentence. As Defendant has not filed motion to withdraw his plea and wishes to appeal only the denial of his sentencing motion, he is not seeking withdrawal of his plea. Sentence was not an abuse of discretion. The crimes were extraordinarily serious, involving repeated sexual abuse of his stepdaughter nearly every day. Court did not err in considering the degree of harm to victim. (HUDSON and BIRKETT, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing