2024 IL App (4th) 230029-U
Ill. App. Ct.2024Background
- Mario Neal pleaded guilty to unlawful delivery of a controlled substance (cocaine) in Boone County, Illinois.
- Neal was sentenced to 15 years’ imprisonment and a 2-year term of mandatory supervised release (MSR).
- Neal's criminal history included six prior felony convictions and five prior prison sentences; three other felony charges were pending.
- Neal filed motions to reconsider his sentence, which were denied by the trial court both initially and after remand for compliance with Supreme Court Rule 604(d).
- On appeal, Neal argued his sentence was excessive and that a statutory amendment reducing the MSR term should apply retroactively to him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sentence Excessiveness | Sentence proper given Neal's criminal history and risk to community | Sentence excessive; trial court undervalued remorse, family hardship, and nonviolent nature | Sentence was not an abuse of discretion; affirmed |
| Applicability of Amended MSR statute | New MSR statute not retroactively applicable | Defendant is entitled to reduced (one-year) MSR because amendment effective before denial of motion to reconsider | Defendant not entitled to reduced MSR; amendment applies only to those sentenced after the effective date |
| Plain Error/Ineffective Assistance | No obvious error or ineffective assistance | Failure of counsel to raise amended MSR statute issue was error | No error or ineffective assistance; claim meritless |
Key Cases Cited
- People v. Fern, 189 Ill. 2d 48 (Ill. 1999) (Guides standard for whether a sentence is excessive or an abuse of discretion)
- People v. McGuire, 2017 IL App (4th) 150695 (Ill. App. Ct. 2017) (Affirms deference to trial court’s sentencing discretion)
- People v. Pina, 2019 IL App (4th) 170614 (Ill. App. Ct. 2019) (Describes standard for reviewing sentences within statutory limits)
- People v. Harris, 2015 IL App (4th) 140696 (Ill. App. Ct. 2015) (Trial court not required to enumerate every factor considered during sentencing)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (Sets forth the standard for ineffective assistance of counsel)