People v. Hill
2012 IL App (5th) 100536
Ill. App. Ct.2012Background
- Defendant was convicted by open guilty plea of aggravated driving under the influence resulting in death in a DUI incident in July 2007.
- Statute 11-501(d)(2)(G) requires probation only if the court finds extraordinary circumstances; otherwise, minimum sentence is 3 to 14 years for death of one person.
- Trial court sentenced defendant to four years, finding no extraordinary circumstances.
- On appeal, court vacated prior ruling due to Rule 604(d) issues and remanded for reconsideration.
- On remand, defendant renewed request for probation; the court again denied probation and this appeal followed.
- Appellate court majority held the sentence proper and not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ‘extraordinary circumstances’ is unconstitutionally vague. | Hill argues the term is vague. | Hill contends vagueness invalidates probation standard. | Not vague; statute upheld. |
| Whether trial court abused discretion by denying probation where mitigating factors existed. | People contend no extraordinary circumstances; deterrence justified imprisonment. | Hill argues mitigating factors and victim’s conduct support probation. | No abuse; sentence within statutory bounds and consistent with law. |
Key Cases Cited
- People v. Winningham, 391 Ill. App. 3d 476 (Ill. App. 4th Dist. 2009) (upholds vagueness analysis of ‘extraordinary circumstances’; emphasizes deference to trial court)
- People v. Maldonado, 386 Ill. App. 3d 964 (Ill. App. 4th Dist. 2008) (limits on probation discretion under DUI death statute)
- People v. Davis, 205 Ill. 2d 349 (Ill. 2002) (reiterates deferring to legislative intent and standard of review for sentencing)
- People v. Williams, 192 Ill. 2d 548 (Ill. 2000) (upholds consideration of aggravating factors as not vague)
- People v. Ramos, 316 Ill. App. 3d 18 (Ill. App. 2000) (defines standard for due process in sentencing)