took mitigating factors (Illinois) · Go Syfert
← Illinois issues

took mitigating factors in Illinois

7 Illinois opinions name it 1 courts 2013–2025 4 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 (1)

CaseFollowedCited
People v. O'NEALgreen
ill · 1988 · cited in 2 Illinois opinions naming this issue, 2013–2021
2 sentences

2021“If the record does not reflect that the trial court took mitigating factors into account, including a defendant’s potential for rehabilitation, and the record does not support the trial court’s determination that consecutive sentences were necessary to protect the public, an abuse of discretion has occurred.” Id. (citing People v. O’Neal, 125 Ill. 2d 291 , 298- 301 (1988)).

2013People v. O’Neal, 125 Ill. 2d 291, 298-301 (1988). ¶ 37 We initially consider defendant’s point that the trial court “did not even explain why it imposed consecutive sentences until the hearing on the motion to reconsider the sentence.” Our review of the original sentencing hearing reflects that, although the trial court did not expressly explain in so many words its reasons for imposing the consecutive sentences, it did discuss the various aspects of defendant’s conduct, history, and character, both aggravating and mitigating, relevant to its decision to impose consecutive sentences for the p

12

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. Buckner green
illappct · 2013
2 sentences

2025“If the record does not reflect that the trial court took mitigating factors into account, including a defendant’s potential for rehabilitation, and the record does not support the trial court’s determination that consecutive sentences were necessary to protect the public, an abuse of discretion has occurred.” Id.

2024“If the record does not reflect that the trial court took mitigating factors into account, including a defendant’s potential for rehabilitation, and the record does not support the trial court’s determination that consecutive sentences were necessary to protect the public, an abuse of discretion has occurred.” Id. ¶ 202 We find People v. Carter, 272 Ill.

42021–2025
People v. Sanders green
illappct · 2005
1 sentence

2024App. 3d 809 (1995), and People v. Sanders, 356 Ill.

12024–2024
People v. Carter green
illappct · 1995
1 sentence

2024“If the record does not reflect that the trial court took mitigating factors into account, including a defendant’s potential for rehabilitation, and the record does not support the trial court’s determination that consecutive sentences were necessary to protect the public, an abuse of discretion has occurred.” Id. ¶ 202 We find People v. Carter, 272 Ill.

12024–2024
People v. Willis green
illappct · 2013
1 sentence

2020People v. Willis, 2013 IL App (1st) 110233, ¶ 123 .

12020–2020
People v. Rogers green
illappct · 2006
1 sentence

2013Rogers, 364 Ill.

12013–2013

Statutes the citing opinions construe

IL § 730 ILCS 5/5-8-4 (5)

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.

← Caselaw search · G Cite Topics · Brief Check