Defendant was convicted of aggravated battery of a peace officer for spitting at a corrections officer while he was being detained pretrial for an attempted murder charge that the State subsequently dismissed. The trial court sentenced defendant to 18 years in prison. On appeal, defendant argued his sentence was disproportionate to the offense and violated the proportionate penalties clause and that the trial court erred when it considered two prior convictions that were void, which resulted n the court misstating the number of his prior convictions. The appellate court found that the void convictions and the resulting miscalculation of the number of prior convictions was clear and obvious error, vacated defendant’s sentence, and remanded for resentencing. (PIERCE and HARRIS, concurring)
Illinois Appellate Court
Criminal Court
Sentencing