People v. Alexander
239 Ill. 2d 205
| Ill. | 2010Background
- Defendant fired several shots at Omar Porter inside a hallway at Woodruff High School during a crowded passing period.
- Defendant was convicted of aggravated discharge of a firearm and unlawful use of weapons, and sentenced to 24 years’ imprisonment with mandatory MSR.
- Appellate Court reversed and reduced the sentence to the statutory minimum of six years, citing an improper aggravating factor—the school setting.
- On remand (May 16, 2008), evidence showed defendant’s juvenile history, prior delinquency, and behavioral improvements in detention.
- Trial court reaffirmed 24-year sentence after considering arguments and the evidence, including aggravating factors, lack of statutorily mitigating factors, and deterrence concerns.
- Appellate Court’s Rule 615(b)(4) reduction was reversed; this Court reinstated the 24-year sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in imposing 24 years. | People argue court properly weighed aggravation and deterrence. | Alexander argues court reweighed factors and relied on improper considerations. | No abuse; 24-year sentence affirmed. |
Key Cases Cited
- People v. Jones, 168 Ill.2d 367 (1995) (abuse of discretion standards; deferential review of sentencing)
- People v. O'Neal, 125 Ill.2d 291 (1988) (scope of appellate review for sentencing decisions)
- People v. Hauschild, 226 Ill.2d 63 (2007) (abuse of discretion; standard for sentencing review)
- People v. Fern, 189 Ill.2d 48 (1999) (rehabilitative potential not controlling over seriousness of offense)
- People v. Perruquet, 68 Ill.2d 149 (1977) (emphasizes deference to trial court in sentencing; factors weighing)
- People v. Coleman, 166 Ill.2d 247 (1995) (rehabilitative potential vs. offense seriousness)
- People v. Streit, 142 Ill.2d 13 (1991) (prohibits improper substitution of appellate judgment for trial court)
- Stacey, 193 Ill.2d 203 (2000) (great deference to trial court's sentencing)
