State confesses error in Illinois

2016App. 3d 478, 481 (1981) (citing People v. Knippenberg, 66 Ill. 2d 276 (1977), and Chapman v. California, 386 U.S. 18 (1967)).

2016App. 3d 478, 481 (1981) (citing People v. Knippenberg, 66 Ill. 2d 276 (1977), and Chapman v. California, 386 U.S. 18 (1967)).

2016App. 3d 478, 481 (1981) (citing People v. Knippenberg, 66 Ill. 2d 276 (1977), and Chapman v. California, 386 U.S. 18 (1967)).

2016App. 3d 478, 481 (1981) (citing People v. Knippenberg, 66 Ill. 2d 276 (1977), and Chapman v. California, 386 U.S. 18 (1967)).

2016Taking the record as a whole, we conclude that the court considered all relevant mitigating and aggravating factors and did not abuse its discretion in imposing a sentence of 65 years' imprisonment. ¶ 145 The State asks us to grant it costs incorporated as part of our judgment and order a fee of $100 for defendant this appeal, pursuant to People v. Nicholls, 71 Ill. 2d 166 (1978) (holding that State's attorney fee for defending unsuccessful appeal by convicted criminal defendant could be assessed as costs), section 110-7(h) of the Illinois Code of Criminal Procedure of 1963 (725 ILCS 5/110-7(h

2016Taking the record as a whole, we conclude that the court considered all relevant mitigating and aggravating factors and did not abuse its discretion in imposing a sentence of 65 years' imprisonment. ¶ 145 The State asks us to grant it costs incorporated as part of our judgment and order a fee of $100 for defendant this appeal, pursuant to People v. Nicholls, 71 Ill. 2d 166 (1978) (holding that State's attorney fee for defending unsuccessful appeal by convicted criminal defendant could be assessed as costs), section 110-7(h) of the Illinois Code of Criminal Procedure of 1963 (725 ILCS 5/110-7(h

2025Under the one-act, one-crime doctrine, it is improper for a defendant to be convicted of two or more offenses if the offenses “are all based on precisely the same physical act.” People v. Coats, 2018 IL 121926, ¶ 11 .

2021People v. Coats, 2018 IL 121926 , ¶ 10.

2010Nevertheless, as a court of review, we are not bound by a party's concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court's ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2010Nevertheless, as a court of review, we are not bound by a party’s concession (People v. Horrell, 235 Ill. 2d 235 , 919 N.E.2d 952 (2009); People v. Kliner, 185 Ill. 2d 81 , 705 N.E.2d 850 (1998)) and may affirm the trial court’s ruling on any grounds evident in the record (Gunthorp v. Golan, 184 Ill. 2d 432 , 704 N.E.2d 370 (1998); Fitch v. McDermott, Will & Emery, LLP, 401 Ill.

2004Section 5-8-4(b) provides that consecutive sentences must be imposed when the offenses arose from separate courses of conduct and one of the offenses was a triggering offense. 730 ILCS 5/5-8-4(b) (West 2002); People v. Harris, 203 Ill.2d 111 , 117, 271 Ill.Dec. 238 , 784 N.E.2d 792 (2003).

2004Section 5 — 8—4(b) provides that consecutive sentences must be imposed when the offenses arose from separate courses of conduct and one of the offenses was a triggering offense. 730 ILCS 5/5—8—4(b) (West 2002); People v. Harris, 203 Ill. 2d 111 . 117 (2003).

2025Subsection (f) mandates: “Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, *** not including periods of incarceration, within which payment of restitution is to be paid in full.” Id. § 5-5- 6(f). 11 “Compliance with this statute is mandatory.” (Internal quotation marks omitted.) People v. Hibbler, 2019 IL App (4th) 160897, ¶ 82 .

2025“To be properly admitted, an out-of-court statement must satisfy both a hearsay exception and a defendant’s rights under the confrontation clause.” People v. Palomera, 2022 IL App (2d) 200631, ¶ 30 .

2025The State confesses error. ¶ 15 “[A] void prior conviction is incompetent evidence at sentencing.” People v. Bridges, 2020 IL App (1st) 170129, ¶ 38 .

2025People v. Roddis, 2020 IL 124352, ¶ 34 .

2025However, “such a sentence may be affirmed in some circumstances—namely, if the record reflects that the sentencing court’s reliance on the void conviction was so insignificant that it did not result in a greater sentence.” Matthews, 2022 IL App (4th) 210752, ¶ 56 ; see also People v. Alexander, 2019 IL App (3d) 170168, ¶ 40 (remanding for resentencing because it was “unclear how the court considered the AUUW conviction during sentencing”). ¶ 16 Here, as stated above (supra ¶ 12) defendant’s 2009 AUUW conviction was void, and, thus, it could not be used as evidence at sentencing.

2025Subsection (f) mandates: “Taking into consideration the ability of the defendant to pay, including any real or personal property or any other assets of the defendant, the court shall determine whether restitution shall be paid in a single payment or in installments, and shall fix a period of time not in excess of 5 years, *** not including periods of incarceration, within which payment of restitution is to be paid in full.” Id. § 5-5- 6(f). 11 “Compliance with this statute is mandatory.” (Internal quotation marks omitted.) People v. Hibbler, 2019 IL App (4th) 160897, ¶ 82 .

2023Section 3-6-3 further provides that “[c]alculation of this county program credit shall be done at sentencing as provided in [s]ection 5-4.5-100 of this Code and shall be included in the sentencing order.” Id. § 3-6-3(a)(4)(A). ¶ 15 During the sentencing hearing, evidence was presented that defendant successfully completed several county program services while in pretrial custody.

2022People v. Washington, 2019 IL App (1st) 161742, ¶ 35 .

2021Relying on People v. Birge, 2021 IL 125644, ¶¶ 44-45 , defendant asserts that, even where this issue was not objected to below, it constitutes second-prong plain error and the denial of a fair sentencing hearing. ¶ 57 The State confesses error and we agree.