improperly considered factors (Illinois) · Go Syfert
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improperly considered factors in Illinois

10 Illinois opinions name it 2 courts 1991–2025 3 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 (3)

CaseFollowedCited
People v. Starnesgreen
illappct · 2007 · cited in 3 Illinois opinions naming this issue, 2015–2016
2 sentences

2016See Starnes, 374 Ill.

2016See Starnes, 374 Ill.

33
People v. Dowdinggreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025It is well established that a factor inherent in the offense should not be considered as a factor in aggravation in sentencing (People v. Dowding, 388 Ill.

11
People v. Steppangreen
ill · 1985 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“The fact that the sentencing judge added some personal observations before imposing sentence, while not to be encouraged, is of no consequence.” People v. Steppan, 105 Ill. 2d 310, 323 (1985). ¶ 43 Next, defendant argues that the trial court improperly considered factors inherent in the offense, pointing to the court’s discussion of the actual incidents.

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 (5)

CaseCitedYears
People v. Martin green
ill · 1988
2 sentences

1994Defendant asserts that Saldivar and People v. Martin (1988), 119 Ill.2d 453 , 116 Ill.Dec. 669 , 519 N.E.2d 884 , require reversal if the trial court improperly relied on these factors.

1994Defendant asserts that Saldivar and People v. Martin (1988), 119 Ill. 2d 453 , require reversal if the trial court improperly relied on these factors.

21994–1994
People v. Harmon green
illappct · 2015
1 sentence

2021Harmon, 2015 IL App (1st) 122345 , ¶ 124. ¶ 43 Next, defendant’s contention that the trial court improperly considered factors that were not a part of the record in aggravation is without merit.

12021–2021
People v. Scott green
illappct · 2015
2 sentences

2021Defendant was not deprived of a fair sentencing hearing where the court considered multiple factors in aggravation at sentencing—defendant’s violent history, deterrence, and defendant’s status “on MSR at the time of the alleged offense.” See People v. Scott, 2015 IL App (4th) 130222, ¶ 55 , 25 N.E.3d 1257 (finding the trial court’s consideration of several aggravating factors supported the conclusion remand was unnecessary).

2021Defendant was not deprived of a fair sentencing hearing where the court considered multiple factors in aggravation at sentencing—defendant’s violent history, deterrence, and defendant’s status “on MSR at the time of the alleged offense.” See People v. Scott, 2015 IL App (4th) 130222, ¶ 55 , 25 N.E.3d 1257 (finding the trial court’s consideration of several aggravating factors supported the conclusion remand was unnecessary).

12021–2021
People ex rel. City of Chicago v. Le Mirage, Inc neutral
illappct · 2011
1 sentence

2013Hollins also argued that the City improperly brought out evidence of his character and past bad acts even though he did not testify or otherwise put his character into issue. ¶ 59 Instead of addressing the issues respondents raised on appeal, the court reversed their indirect criminal contempt adjudications and vacated their sentences, finding that they were not proved guilty beyond a reasonable doubt because the building court’s orders were ambiguous and did not provide in reasonable detail the acts prohibited. 2011 IL App (1st) 093547 . ¶ 60 The City filed a petition for leave to appeal with

12013–2013
People v. Bourke green
ill · 1983
1 sentence

1991People v. Bourke (1983), 96 Ill. 2d 327, 332 .

11991–1991

Statutes the citing opinions construe

IL § 55 ILCS 5/4-2002.1 (3) IL § 720 ILCS 5/12-3.05 (3) IL § 720 ILCS 5/12-4 (3) IL § 720 ILCS 5/2-19 (3) IL § 720 ILCS 5/2-8 (3) IL § 720 ILCS 5/7-1 (3) IL § 720 ILCS 5/7-4 (3) IL § 720 ILCS 5/9-2 (3) IL § 725 ILCS 5/110-7 (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

IL 10 (1991–2025) CA 5 (1980–2022) TX 3 (2010–2025) MI 2 (2018–2018) WA 2 (2005–2005)

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.

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