People v. Shaw-Sodaro

Defendant was convicted of aggravated criminal sexual abuse and sentenced to nine years in prison. On direct appeal, defendant argued that he was denied a fair trial where the prosecution misstated the law during closing arguments, that neither the victim’s age nor the time from his prior felony conviction justified enhancement of his sentence, and the trial court considered an improper factor inherent in the offense resulting in an impermissible double enhancement during sentencing. The appellate court affirmed, finding that while counsel made improper argument during closing argument the jury was properly instructed on the law and that the trial court considered the appropriate factors in sentencing and that the trial court was not prohibited from considering the victim’s age for the purposes of imposing a sentence within the enhanced range. (DeARMOND and STEIGMANN, concurring)