transcript of the sentencing hearing (Illinois) · Go Syfert
← Illinois issues

transcript of the sentencing hearing in Illinois

21 Illinois opinions name it 1 courts 1974–2026 6 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
People v. Steinmetzgreen
illappct · 1982 · cited in 4 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See People v. Steinmetz, 110 Ill.

2017See People v. Steinmetz, 110 Ill.

44
People v. Garibaygreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See 730 ILCS 5/5-4-1(a), (b) (West 2018); see also People v. Garibay, 366 Ill.

11
People v. Markiewiczgreen
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See People v. Markiewicz, 246 Ill.

11
Gerstein v. Pughgreen
scotus · 1975 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See People v. Williams, No. 5-10-0176 (2010) (dispositional order). ¶ 12 On March 25, 2011, the defendant filed a pro se postconviction petition alleging that the trial court erred when it failed to hold a preliminary hearing pursuant to Gerstein v. Pugh, 420 U.S. 103 (1975), and to admonish him regarding the “plea process,” and that he was denied effective assistance when plea counsel failed to seek a Gerstein hearing and challenge the admonishments. 1 This document is not included in the record on appeal. 3 ¶ 13 On March 29, 2011, the circuit court summarily dismissed the petition as frivolo

11
People v. Boclairgreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018In the case at bar, the transcript of the sentencing hearing shows that the trial court listened to what defendant stated and then concluded that defendant’s words of praise and thanks did not adversely impact the trial court’s determination. - 11 - particularly where “[d]efense counsel had ample opportunity to present mitigating arguments on defendant’s behalf during the sentencing hearing.” People v. Boclair, 225 Ill.

11
People v. Carneygreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2017–2017
2 sentences

2017In the case at bar, the transcript of the sentencing hearing shows that the trial court listened to what defendant stated and then concluded that defendant's words of praise and thanks did not adversely impact the trial court's determination. 9 The State argues that, under People v. Carney , 196 Ill. 2d 518 , 256 Ill.Dec. 895 , 752 N.E.2d 1137 (2001), and related cases, the sentences imposed at defendant's third sentencing marked a decrease, even when measured against his first sentences, since his original 25-year sentence for murder was decreased to 23 years, and his original 25-year sentenc

2017In the case at bar, the transcript of the sentencing hearing shows that the trial court listened to what defendant stated and then concluded that defendant's words of praise and thanks did not adversely impact the trial court's determination. 9 The State argues that, under People v. Carney , 196 Ill. 2d 518 , 256 Ill.Dec. 895 , 752 N.E.2d 1137 (2001), and related cases, the sentences imposed at defendant's third sentencing marked a decrease, even when measured against his first sentences, since his original 25-year sentence for murder was decreased to 23 years, and his original 25-year sentenc

11
People v. Lindsaygreen
ill · 2011 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017It is insufficient on this basis as well. ¶ 19 The judgment of the circuit court of Kendall County is vacated, and the cause is remanded for “(1) the filing of a [valid] Rule 604(d) certificate; (2) the opportunity to file a new motion to withdraw the guilty plea and/or reconsider the sentence, if counsel concludes that a new motion is necessary; and (3) a new motion hearing.” People v. Lindsay, 239 Ill. 2d 522, 531 (2011). ¶ 20 Vacated and remanded. -5-

11
Kosinski v. Inland Steel Co.green
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012She stated, “Judge, we in no way, shape or form want to denigrate or diminish the loss of the life of Dorothy Shorty, and we do not believe that in asking for natural life that we are doing so.” Walker cannot now “claim error in a trial court’s ruling when [he] has acquiesced in that disposition.” Kosinski v. Inland Steel Co., 192 Ill.

11
People v. Generallygreen
illappct · 1988 · cited in 1 Illinois opinions naming this issue, 1999–1999
2 sentences

1999See People v. Generally, 170 Ill.

1999See People v. Generally, 170 Ill.App.3d 668, 676 , 121 Ill.Dec. 300 , 525 N.E.2d 106, 110 (1988).

11
People v. Gonzalesgreen
illappct · 1973 · cited in 1 Illinois opinions naming this issue, 1974–1974
1 sentence

1974See People v. Gonzales (1973), 15 Ill.App.3d 265, 267-8 ; People v. Luechtefeld (1973), 11 Ill.App.3d 407, 408 ; People v. Rooney (1972), 6 Ill.App.3d 527, 528 ; see also People v. Slaughter (1968), 39 Ill.2d.278.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
People v. Shirley green
ill · 1998
1 sentence

2022Specifically, it argues that under Shirley, 181 Ill. 2d 359 , there is no need to remand the matter if defendant has been afforded a full and fair opportunity to present his or her postplea motion.

12022–2022
People v. Krankel green
ill · 1984
2 sentences

2021On July 2, 2019, the court denied both motions. ¶5 Defendant appeals, arguing (1) the trial court erred in denying his motion to withdraw his guilty plea where (a) the record shows his plea was not entered knowingly and intelligently because defense counsel misunderstood the nature and consequences of his plea and (b) his plea was not voluntary as the State’s actions improperly coerced him into the plea; (2) defense counsel failed to strictly comply with the requirements of Rule 604(d), where counsel failed to (a) review the transcript of the sentencing hearing, (b) amend the pleadings to adeq

2021On July 2, 2019, the court denied both motions. ¶5 Defendant appeals, arguing (1) the trial court erred in denying his motion to withdraw his guilty plea where (a) the record shows his plea was not entered knowingly and intelligently because defense counsel misunderstood the nature and consequences of his plea and (b) his plea was not voluntary as the State’s actions improperly coerced him into the plea; (2) defense counsel failed to strictly comply with the requirements of Rule 604(d), where counsel failed to (a) review the transcript of the sentencing hearing, (b) amend the pleadings to adeq

12021–2021
In re H.L. green
ill · 2015
2 sentences

2021We accept the State’s concession. ¶ 45 “Rule 604(d) governs the procedure to be followed when a defendant wishes to appeal from a judgment entered upon a guilty plea.” In re H.L., 2015 IL 118529, ¶ 7 , 48 N.E.3d 1071 .

2021We accept the State’s concession. ¶ 45 “Rule 604(d) governs the procedure to be followed when a defendant wishes to appeal from a judgment entered upon a guilty plea.” In re H.L., 2015 IL 118529, ¶ 7 , 48 N.E.3d 1071 .

12021–2021
People v. Glass green
illappct · 1986
1 sentence

2021In fact, he explicitly acknowledged that although he believed grounds existed for excluding the evidence, “the court system disagree[d] with [him].” See People v. Glass, 144 Ill.

12021–2021
People v. Harmon green
illappct · 2015
1 sentence

2020“So long as the trial court does not consider - 33 - incompetent evidence or improper aggravating factors, or ignore pertinent mitigating factors, it has wide latitude in sentencing a defendant to any term within the applicable statutory range.” Harmon, 2015 IL App (1st) 122345 , ¶ 122. ¶ 191 Defendant argues that the trial court specifically considered these two convictions at sentencing, and the State argues that the transcript of the sentencing hearing shows otherwise. ¶ 192 At the sentencing hearing, Detective Minter-Edwards testified that, on April 1, 2009, she and her partner, Detective

12020–2020
People v. Scarbrough green
illappct · 2015
1 sentence

2017Id. -3- ¶ 11 Defendant contends that, in light of the supreme court’s amendment of the rule, Mineau does not govern this case.

12017–2017
People v. Fitzgibbon green
ill · 1998
2 sentences

2003Although I find merit in the majority's position, its opinion appears to sidestep our supreme court's decision in Fitzgibbon , 184 Ill. 2d at 326-27 , 704 N.E.2d at 369 .

2003Although I find merit in the majority's position, its opinion appears to sidestep our supreme court's decision in Fitzgibbon , 184 Ill. 2d at 326-27 , 704 N.E.2d at 369 .

12003–2003
People v. Evans green
ill · 1996
2 sentences

1997The State responds that under People v. Evans, 174 Ill. 2d 320 , 673 N.E.2d 244 (1996), defendant was required to file a motion to withdraw the guilty pleas because the defendant received some concession from the State in return for his guilty pleas.

1997The State responds that under People v. Evans, 174 Ill. 2d 320 , 673 N.E.2d 244 (1996), defendant was required to file a motion to withdraw the guilty pleas because the defendant received some concession from the State in return for his guilty pleas.

11997–1997
People v. Saldivar green
ill · 1986
2 sentences

1988(Saldivar, 113 Ill. 2d at 271 , 497 N.E.2d at 1144 .) The transcript of the sentencing hearing clearly indicates that the sentencing court properly considered the manner in which the victim’s death was brought about, and not merely the fact that the defendant’s conduct caused serious harm.

1988(Saldivar, 113 Ill. 2d at 271 , 497 N.E.2d at 1144 .) The transcript of the sentencing hearing clearly indicates that the sentencing court properly considered the manner in which the victim’s death was brought about, and not merely the fact that the defendant’s conduct caused serious harm.

11988–1988
People v. McClure green
illappct · 1979
2 sentences

1983No sentence for unlawful restraint appears in the transcript of the sentencing hearing. 2 Since the filing of a motion for substitution of judges temporarily suspends the 120-day period (People v. McClure (1979), 75 Ill.

1983App. 3d 566, 570-71 , 394 N.E.2d 833 ), defendant has not added to this 237-day period the 22 days between July 21, 1980, the date on which the substitution motion was filed, and August 12, 1980, when the motion was denied. 3 Because of an illness, Rick Halprin was not able to represent defendant at trial. 4 Although no appeal of the contempt citation is before us, we express our strong disapproval of tactics employed by any trial counsel that tend to impede or disrupt orderly court proceedings. 5 Judge Cieslik removed Halprin before he determined what sanction he would impose on the contempt

11983–1983
People v. Rooney neutral
illappct · 1972
1 sentence

1974See People v. Gonzales (1973), 15 Ill.App.3d 265, 267-8 ; People v. Luechtefeld (1973), 11 Ill.App.3d 407, 408 ; People v. Rooney (1972), 6 Ill.App.3d 527, 528 ; see also People v. Slaughter (1968), 39 Ill.2d.278.

11974–1974
People v. Brown green
ill · 1972
1 sentence

1974The purpose underlying Supreme Court Rule 651(c) is to insure that all indigente are provided proper representation upon presenting claims of constitutional deprivations under the Post-Conviction Act (People v. Brown (1972), 52 Ill.2d 227, 230 ).

11974–1974
People v. Luechtefeld green
illappct · 1973
1 sentence

1974See People v. Gonzales (1973), 15 Ill.App.3d 265, 267-8 ; People v. Luechtefeld (1973), 11 Ill.App.3d 407, 408 ; People v. Rooney (1972), 6 Ill.App.3d 527, 528 ; see also People v. Slaughter (1968), 39 Ill.2d.278.

11974–1974

Statutes the citing opinions construe

IL § 730 ILCS 5/5-8-1 (4) IL § 730 ILCS 5/5-4-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 149 (1999–2026) FL 55 (1978–2024) TN 39 (1988–2026) PA 22 (1974–2025) IN 21 (1982–2018) IL 21 (1974–2026) CA 18 (1982–2024) LA 10 (1985–2006) GA 7 (1988–2009) AZ 7 (1980–2020) KS 7 (1991–2022) IA 6 (2014–2023) WA 5 (1993–2018) MO 5 (2005–2020) WV 5 (1981–2022) NC 5 (1987–2004) AL 5 (1999–2025) NV 4 (1974–2017) CT 4 (1981–2021) MI 3 (2019–2023) MT 3 (1988–2012) ID 3 (1991–2023) MD 3 (1981–2021) HI 2 (2006–2019) UT 2 (2007–2025) WI 2 (1992–1993) WY 2 (1989–2012) MS 2 (2004–2017) CO 2 (1993–1999) MN 2 (2016–2024) VA 2 (2011–2017) MA 2 (2013–2018) OK 2 (1994–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check