Defendant was found guilty of two counts of leaving the scene of an accident involving personal injury and death and was sentenced to two concurrent terms of 15 years’ imprisonment. Defendant argued on appeal that the trial court failed to properly answer a jury question, the trial court erred when it denied his motion for a mistrial, and that the trial court committed plain error by sentencing him to an extended term of 15 years imprisonment for his conviction of a Class 2 felony. The appellate court affirmed, finding the trial court did not err when it instructed the jury to rely on the jury instructions and that defendant had forfeited his argument regarding his motion for a mistrial because he did not raise it in his post-trial motion. The appellate court found the extended term for the lesser offense was improper and reduced his sentence on that count to seven years’ imprisonment. (ZENOFF and HUDSON, concurring)
Illinois Appellate Court
Criminal Court
Jury Instructions
Sentencing