People v. Hanson
2014 IL App (4th) 130330
Ill. App. Ct.2015Background
- Hanson was convicted in Jan 2012 of domestic battery and criminal damage to property; domestic battery upgraded to a Class 4 felony due to a prior order-of-protection conviction.
- In Oct 2012, the trial court sentenced Hanson to a 5-year extended term for domestic battery and 364 days for property damage, plus $490.82 restitution.
- The PSI showed prior felonies: 2006 retail theft (Class 3 felony), 2007 aggravated robbery (Class 1 felony), and 2008 violation of an order of protection (Class A misdemeanor).
- A pending 2012 Macon County domestic battery charge was noted in the PSI for consideration at sentencing.
- The State argued Hanson was extended-term eligible under 730 ILCS 5/5-5-3.2(b)(1); Hanson did not object at sentencing to this theory.
- Hanson moved to reduce the sentence in Nov 2012; the court denied the motion in Apr 2013; appellate review followed with forfeiture issues raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the extended-term sentence was properly imposed | People argued Hanson was extended-term eligible due to prior felonies. | Hanson contends the court based the extended term on a mistaken criminal history. | Extended-term valid; no reversible error. |
| Whether restitution was proper without evidentiary basis | People contend restitution amount was supported and properly set. | Hanson asserts restitution lacked evidentiary support and that plain error should apply. | Forfeiture bars review; no plain-error relief; restitution affirmed as stated. |
Key Cases Cited
- People v. Reed, 177 Ill. 2d 389 (1997) (forfeiture rule for sentencing issues; require post-sentencing motion)
- People v. Rathbone, 345 Ill. App. 3d 305 (2003) (limits plain-error review of forfeited sentencing claims)
- People v. Ahlers, 402 Ill. App. 3d 726 (2010) (plain error not automatically applied to forfeited sentencing claims)
- People v. Montgomery, 373 Ill. App. 3d 1104 (2007) (declines automatic plain-error review of forfeited sentencing errors)
- People v. McCormick, 332 Ill. App. 3d 491 (2002) (restitution awards not to encourage illegal activity; plain-error analysis discussed)
- People v. Jones, 206 Ill. App. 3d 477 (1990) (restitution must be supported by evidence; unsubstantiated losses insufficient)
- People v. Donelson, 2013 IL 113603 (2013) (voidness versus forfeiture in sentencing context)