People v. Hoffman

Defendant pleaded guilty to drug-induced homicide and elected to be sentenced under section 5-4-1(c-1.5) of the Unified Code of Corrections. After holding a sentencing hearing the trial court sentenced defendant to six years in prison, which was the mandatory minimum. The trial court found section 5-4-1(c-1.5) did not apply to drug-induced homicide. Defendant appealed, arguing that section 5-4-1(c-1.5) applies to drug-induced homicide and that the trial court failed to set the manner and method of paying restitution in light of defendant’s ability to pay. The appellate court vacated defendant’s sentence and remanded with instructions that the trial court consider imposing a sentenced under section 5-4-1(c-1.5) and take into account the defendant’s ability to pay. (MULLEN, concurring and JORGENSEN, specially concurring)