People v. Webster

Defendant was convicted of first-degree murder and sentenced to 40 years in prison. The appellate court, relying on SCR 366(a)(1), vacated defendant’s sentence and remanded for a new sentencing hearing. The Illinois Supreme Court reversed the judgment of the appellate court and re-instated the sentence, finding that the appellate court is without authority to vacate a defendant’s sentence absent a finding of error or abuse of discretion. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and ROCHFORD, concurring)