People v. McGowan
991 N.E.2d 846
Ill. App. Ct.2013Background
- McGowan broke into 75-year-old D.W.'s apartment, beat and raped her, with DNA linking him to the scene.
- Trial court sentenced him to a 120-year aggregate term for home invasion and aggravated criminal sexual assault; consecutive 60-year terms after merger.
- Judge found aggravating factors and that defendant posed a danger to society, justifying a max-term sentence.
- Defendant had a lengthy history of criminal behavior dating back to adolescence and demonstrated ongoing misconduct in prison.
- Victim impact described severe physical, financial, and emotional harm; defendant's jail conduct included threatening and sexually explicit behavior toward a corrections officer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 120-year sentence is excessive | Court should affirm; aggregate term within range given severity | Sentence excessive given rehabilitation potential | No abuse of discretion; 120 years not excessive |
| Whether the court properly weighed aggravation and rehabilitation | Aggravating factors support lengthy sentence | Rehabilitation potential should affect sentence | Court did not abuse discretion; rehabilitation not required in every case |
| Whether disparate sentences for similar crimes were justified | Disparities possible with valid reasons | Disparities render sentence unfair | Disparity valid where supported by differing criminal histories and circumstances |
| Whether federal-court reasoning in Craig affects Illinois sentencing | Craig factors might warrant reducing life terms | Craig applicable given elderly defendant and costs | Craig factors not controlling; no abuse of discretion in this case |
Key Cases Cited
- People v. Stacey, 193 Ill. 2d 203 (2000) (standard of review for sentencing; great deference to trial court)
- People v. Averett, 381 Ill. App. 3d 1001 (2008) (sentence within range not automatically abusive)
- People v. Bowman, 357 Ill. App. 3d 290 (2005) (balance of aggravation and mitigation in sentencing)
- People v. Thompson, 222 Ill. 2d 1 (2006) (consideration of defendant's character and future dangerousness)
- People v. Jones, 376 Ill. App. 3d 372 (2007) (seriousness of offense is most important factor)
- People v. Evans, 373 Ill. App. 3d 948 (2007) (review of trial court's weighing of aggravating factors)
- People v. Bien, 277 Ill. App. 3d 744 (1996) (rehabilitation not required in every case; life sentence may be proper)
- People v. Stroup, 397 Ill. App. 3d 271 (2010) (disparate sentences may be justified by valid reasons)
- People v. Merritt, 53 Ill. App. 3d 929 (1977) (benign criminal history may justify lesser sentence)
- People v. Maggette, 195 Ill. 2d 336 (2001) (appalling conduct may still warrant severe sentence)