History
  • No items yet
midpage
People v. Alexander
239 Ill. 2d 205
| Ill. | 2010
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: People v. Alexander
Court Name: Illinois Supreme Court
Date Published: Nov 18, 2010
Citation: 239 Ill. 2d 205
Docket Number: 108932
Court Abbreviation: Ill.