ILCS » Chapter 730 · Act 5
Illinois Compiled Statutes

730 ILCS 5/5-8-4 (2026)

Concurrent and consecutive terms of imprisonment

✓ current as of May 2026
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(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
    (Text of Section from P.A. 103-1081)
    Sec. 5-8-4. Concurrent and consecutive terms of imprisonment.
    (a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section.
    (b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence.
    (c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances:
        (1) If, having regard to the nature and circumstances
    
of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record.
        (2) If one of the offenses for which a defendant was
    
convicted was a violation of Section 32-5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961
Notes of Decisions
Cited in 581 cases (187 in the last 5 years), 1993–2026 · leading case: People Ex Rel. Waller v. McKoski, 748 N.E.2d 175 (Ill. 2001).
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People Ex Rel. Waller v. McKoski, 748 N.E.2d 175 (Ill. 2001). · cites it 16× “During this hearing, the prosecutor argued that "pursuant to statute," specifically, section 5-8-4(a) of the Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1998)), the sentences imposed upon defendant with respect to each count must be imposed consecutively.”
People v. Palmer, 843 N.E.2d 292 (Ill. 2006). · cites it 12× “730 ILCS 5/5-8-4 (West 2004); People ex rel.”
People v. Lashley, 2016 IL App (1st) 133401 (Ill. App. Ct. 2016). · cites it 11× “Although the trial court did not expressly say why it imposed consecutive sentences, none of the provisions of section 5-8-4 of the Unified Code of Corrections (730 ILCS 5/5-8-4 (West 2012)) applied to defendant.”
Martize R. Dellinger v. Edward R. Bowen, Warden, 301 F.3d 758 (7th Cir. 2002). · cites it 6× “After rejecting Dellinger’s “one act, one crime” argument, the Illinois Appellate Court further concluded that the trial court was required to impose consecutive sentences under 730 ILCS 5/5-8-4(a). 3 The Illinois Appellate Court concluded that “the shooting of [two] women was…”
People v. Harris, 784 N.E.2d 792 (Ill. 2003). · cites it 8× “CONCLUSION In summary, we hold that the trial court's imposition of concurrent sentences violates section 5-8-4 of the Code (730 ILCS 5/5-8-4 (West 1998)). We affirm the decision of the appellate court vacating the sentence and remanding for the imposition of consecutive…”
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). · cites it 9× “) (730 ILCS 5/5-8-4(a) (West 1992).) As the statute provides for the imposition of a consecutive sentence on a defendant already subject to a sentence, both sentences are "involved" under the statutory scheme.”
People v. Stacey, 737 N.E.2d 626 (Ill. 2000). · cites it 4× “See 730 ILCS 5/5-8-4 (West 1994). According to section (b) of the statute, consecutive sentences "shall not be imposed" unless the sentencing judge, having considered the nature and circumstances of the offense and history and character of the defendant, "is of the opinion that…”
People v. Wilder, 760 N.E.2d 496 (Ill. App. Ct. 2001). · cites it 6× “" 730 ILCS 5/5-8-4(a), (b) (West 1994). Section 5-8-4(b) was later amended, effective July 22, 1997.”
People v. Flaugher, 920 N.E.2d 1262 (Ill. App. Ct. 2009). · cites it 18× “730 ILCS 5/5-8-4(a), (b) (West 2006). Section 5-8-4(h) of the Unified Code mandates that sentences be served consecutively when one of the felonies is committed on pretrial release.”
People v. Jean, 2024 IL App (1st) 220807 (Ill. App. Ct. 2024). · cites it 4× “See supra ¶ 4 ; 730 ILCS 5/5-8-4(a) (West 2004); 730 ILCS 5/5-8-4(d) (2010).”
People v. Harris, 2016 IL App (1st) 141744 (Ill. App. Ct. 2016). · cites it 2× “See 735 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2008) (25 years to be added to murder sentence if firearm used proximately causes death); 720 ILCS 5/8-4(c)(1)(D) (West 2008) (25 years to be added to attempted murder sentence if firearm used proximately causes great bodily harm); 730…”
People v. Garcia, 688 N.E.2d 57 (Ill. 1997). · cites it 4× “In sentencing defendants the trial judge failed to enter consecutive sentences on several convictions as required under section 5-8-4(a) of the Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1992)). The relevant portion of section 5-8-4(a) provides: "The court shall not…”
Show all 581 citing cases →
— 730 ILCS 5/5-8-4(a) — 193 cases
People v. Palmer, 843 N.E.2d 292 (Ill. 2006). “730 ILCS 5/5-8-4 (West 2004); People ex rel.”
Martize R. Dellinger v. Edward R. Bowen, Warden, 301 F.3d 758 (7th Cir. 2002). “After rejecting Dellinger’s “one act, one crime” argument, the Illinois Appellate Court further concluded that the trial court was required to impose consecutive sentences under 730 ILCS 5/5-8-4(a). 3 The Illinois Appellate Court concluded that “the shooting of [two] women was…”
People v. Harris, 784 N.E.2d 792 (Ill. 2003). “CONCLUSION In summary, we hold that the trial court's imposition of concurrent sentences violates section 5-8-4 of the Code (730 ILCS 5/5-8-4 (West 1998)). We affirm the decision of the appellate court vacating the sentence and remanding for the imposition of consecutive…”
People Ex Rel. Waller v. McKoski, 748 N.E.2d 175 (Ill. 2001). “During this hearing, the prosecutor argued that "pursuant to statute," specifically, section 5-8-4(a) of the Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1998)), the sentences imposed upon defendant with respect to each count must be imposed consecutively.”
People v. Garcia, 688 N.E.2d 57 (Ill. 1997). “In sentencing defendants the trial judge failed to enter consecutive sentences on several convictions as required under section 5-8-4(a) of the Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1992)). The relevant portion of section 5-8-4(a) provides: "The court shall not…”
— 730 ILCS 5/5-8-4(a)(1) — 4 cases
People v. Stephens, 2012 IL App (1st) 110296 (Ill. App. Ct. 2012).
People v. Moore, 2024 IL App (2d) 230188-U (Ill. App. Ct. 2024).
Zavala v. Gomez (N.D. Ill. 2021).
People v. Dobbey, 2025 IL App (1st) 231929-U (Ill. App. Ct. 2025).
— 730 ILCS 5/5-8-4(a)(2) — 1 case
People v. Peak, 2025 IL App (5th) 231222-U (Ill. App. Ct. 2025).
— 730 ILCS 5/5-8-4(a)(i) — 38 cases
People v. Witherspoon, 883 N.E.2d 725 (Ill. App. Ct. 2008).
People v. Palmer, 843 N.E.2d 292 (Ill. 2006). “730 ILCS 5/5-8-4 (West 2004); People ex rel.”
People v. Abdullah, 2019 IL 123492 (Ill. 2019).
People v. Gipson, 2015 IL App (1st) 122451 (Ill. App. Ct. 2015).
People v. Bouchee, 962 N.E.2d 15 (Ill. App. Ct. 2011).
— 730 ILCS 5/5-8-4(a)(ii) — 19 cases
People v. Patterson, 2014 IL 115102 (Ill. 2014).
People v. Patterson, 2014 IL 115102 (Ill. 2015).
People v. Hestand, 838 N.E.2d 318 (Ill. App. Ct. 2005).
People v. Nichols, 2021 IL App (2d) 190659 (Ill. App. Ct. 2021).
People v. Williams, 895 N.E.2d 961 (Ill. App. Ct. 2008).
— 730 ILCS 5/5-8-4(a)(iii) — 2 cases
People v. Lindsey, 753 N.E.2d 1270 (Ill. App. Ct. 2001).
People v. Lindsey (Ill. App. Ct. 2001).
— 730 ILCS 5/5-8-4(b) — 59 cases
People Ex Rel. Waller v. McKoski, 748 N.E.2d 175 (Ill. 2001). “During this hearing, the prosecutor argued that "pursuant to statute," specifically, section 5-8-4(a) of the Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1998)), the sentences imposed upon defendant with respect to each count must be imposed consecutively.”
People v. Stacey, 737 N.E.2d 626 (Ill. 2000). “See 730 ILCS 5/5-8-4 (West 1994). According to section (b) of the statute, consecutive sentences "shall not be imposed" unless the sentencing judge, having considered the nature and circumstances of the offense and history and character of the defendant, "is of the opinion that…”
People v. Wilder, 760 N.E.2d 496 (Ill. App. Ct. 2001). “" 730 ILCS 5/5-8-4(a), (b) (West 1994). Section 5-8-4(b) was later amended, effective July 22, 1997.”
People v. Harris, 784 N.E.2d 792 (Ill. 2003). “CONCLUSION In summary, we hold that the trial court's imposition of concurrent sentences violates section 5-8-4 of the Code (730 ILCS 5/5-8-4 (West 1998)). We affirm the decision of the appellate court vacating the sentence and remanding for the imposition of consecutive…”
People v. Davis, 746 N.E.2d 758 (Ill. App. Ct. 2001).
— 730 ILCS 5/5-8-4(c) — 10 cases
People v. Chavez, 2013 IL App (4th) 120259 (Ill. App. Ct. 2013).
People v. Anderson, 2024 IL App (1st) 220864 (Ill. App. Ct. 2024).
People v. Buchanan, 2024 IL App (1st) 221579-U (Ill. App. Ct. 2024).
People v. Stencil, 713 N.E.2d 1228 (Ill. App. Ct. 1999).
People v. McCall, 2024 IL App (4th) 230651-U (Ill. App. Ct. 2024).
— 730 ILCS 5/5-8-4(c)(1) — 49 cases
People v. Cameron, 2012 IL App (3d) 110020 (Ill. App. Ct. 2012).
People v. Page, 2022 IL App (4th) 210374 (Ill. App. Ct. 2022).
People v. Peltz, 2019 IL App (2d) 170465 (Ill. App. Ct. 2019).
People v. Parker, 2019 IL App (3d) 160455 (Ill. App. Ct. 2019).
People v. Phagan, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019).
— 730 ILCS 5/5-8-4(c)(2) — 20 cases
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). “) (730 ILCS 5/5-8-4(a) (West 1992).) As the statute provides for the imposition of a consecutive sentence on a defendant already subject to a sentence, both sentences are "involved" under the statutory scheme.”
People v. Stacey, 737 N.E.2d 626 (Ill. 2000). “See 730 ILCS 5/5-8-4 (West 1994). According to section (b) of the statute, consecutive sentences "shall not be imposed" unless the sentencing judge, having considered the nature and circumstances of the offense and history and character of the defendant, "is of the opinion that…”
People v. Austin, 767 N.E.2d 433 (Ill. App. Ct. 2002).
People v. Lee, 926 N.E.2d 402 (Ill. App. Ct. 2010).
People v. Anderson, 759 N.E.2d 83 (Ill. App. Ct. 2001).
— 730 ILCS 5/5-8-4(c)(3) — 8 cases
People v. Thomas, 2025 IL App (5th) 230209-U (Ill. App. Ct. 2025).
People v. McCall, 2024 IL App (4th) 230651-U (Ill. App. Ct. 2024).
People v. Braxton, 2025 IL App (4th) 241039-U (Ill. App. Ct. 2025).
People v. Thomas, 2025 IL App (5th) 230209 (Ill. App. Ct. 2025).
People v. Williams, 2024 IL App (1st) 230511-U (Ill. App. Ct. 2024).
— 730 ILCS 5/5-8-4(c)(4) — 1 case
People v. Morrissey, 2024 IL App (5th) 231157-U (Ill. App. Ct. 2024).
— 730 ILCS 5/5-8-4(c)(5) — 1 case
People v. Brown, 2025 IL App (5th) 230542-U (Ill. App. Ct. 2025).
— 730 ILCS 5/5-8-4(cX2) — 1 case
People v. Toliver, 623 N.E.2d 880 (Ill. App. Ct. 1993).
— 730 ILCS 5/5-8-4(d) — 26 cases
People v. Jean, 2024 IL App (1st) 220807 (Ill. App. Ct. 2024). “See supra ¶ 4 ; 730 ILCS 5/5-8-4(a) (West 2004); 730 ILCS 5/5-8-4(d) (2010).”
People v. Curry, 2018 IL App (1st) 152616 (Ill. App. Ct. 2018).
People v. Cavazos, 2015 IL App (2d) 120171 (Ill. App. Ct. 2015).
People v. Cavazos, 2015 IL App (2d) 120444 (Ill. App. Ct. 2015).
People v. Garcia, 2023 IL App (1st) 172005 (Ill. App. Ct. 2023).
— 730 ILCS 5/5-8-4(d)(1) — 95 cases
People v. Harris, 2016 IL App (1st) 141744 (Ill. App. Ct. 2016). “See 735 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2008) (25 years to be added to murder sentence if firearm used proximately causes death); 720 ILCS 5/8-4(c)(1)(D) (West 2008) (25 years to be added to attempted murder sentence if firearm used proximately causes great bodily harm); 730…”
People v. Harris, 2018 IL 121932 (Ill. 2018).
People v. Reyes, 2016 IL 119271 (Ill. 2016).
People v. Harris, 2018 IL 121932 (Ill. 2019).
People v. Reyes, 2016 IL 119271 (Ill. 2016).
— 730 ILCS 5/5-8-4(d)(1)(a) — 2 cases
People v. Djurdjulov, 2017 IL App (1st) 142258 (Ill. App. Ct. 2017).
People v. Djurdjulov, 2017 IL App (1st) 142258 (Ill. App. Ct. 2017).
— 730 ILCS 5/5-8-4(d)(10) — 2 cases
People v. Lashley, 2016 IL App (1st) 133401 (Ill. App. Ct. 2016). “Although the trial court did not expressly say why it imposed consecutive sentences, none of the provisions of section 5-8-4 of the Unified Code of Corrections (730 ILCS 5/5-8-4 (West 2012)) applied to defendant.”
People v. Friese, 2022 IL App (5th) 190241-U (Ill. App. Ct. 2022).
— 730 ILCS 5/5-8-4(d)(2) — 44 cases
People ex rel. Senko. v. Meersman, 2012 IL 114163 (Ill. 2012).
People v. Johnson, 2020 IL App (1st) 162332 (Ill. App. Ct. 2020).
People v. Charles, 2018 IL App (1st) 153625 (Ill. App. Ct. 2018).
People v. Reynolds, 2021 IL App (1st) 181227 (Ill. App. Ct. 2021).
People ex rel. Alvarez v. Gaughan, 2016 IL 120110 (Ill. 2016).
— 730 ILCS 5/5-8-4(d)(3) — 2 cases
People v. Coats, 2018 IL 121926 (Ill. 2018).
People v. Coats, 2018 IL 121926 (Ill. 2018).
— 730 ILCS 5/5-8-4(d)(5) — 2 cases
People v. Keys, 2023 IL App (4th) 210630 (Ill. App. Ct. 2023).
People v. Gutierrez, 2020 IL App (1st) 180496-U (Ill. App. Ct. 2020).
— 730 ILCS 5/5-8-4(d)(6) — 3 cases
People v. Lashley, 2016 IL App (1st) 133401 (Ill. App. Ct. 2016). “Although the trial court did not expressly say why it imposed consecutive sentences, none of the provisions of section 5-8-4 of the Unified Code of Corrections (730 ILCS 5/5-8-4 (West 2012)) applied to defendant.”
People v. McPherson, 2018 IL App (2d) 170966 (Ill. App. Ct. 2019).
People v. McPherson, 2018 IL App (2d) 170966 (Ill. App. Ct. 2018).
— 730 ILCS 5/5-8-4(d)(7) — 1 case
People ex rel. Senko. v. Meersman, 2012 IL 114163 (Ill. 2012).
— 730 ILCS 5/5-8-4(d)(8) — 29 cases
Livell Figgs v. Alex Dawson, 829 F.3d 895 (7th Cir. 2016).
People v. Lashley, 2016 IL App (1st) 133401 (Ill. App. Ct. 2016). “Although the trial court did not expressly say why it imposed consecutive sentences, none of the provisions of section 5-8-4 of the Unified Code of Corrections (730 ILCS 5/5-8-4 (West 2012)) applied to defendant.”
People v. Johnson, 2021 IL App (2d) 180775 (Ill. App. Ct. 2021).
People v. Johnson, 2015 IL App (4th) 130968 (Ill. App. Ct. 2015).
People v. McPherson, 2018 IL App (2d) 170966 (Ill. App. Ct. 2019).
— 730 ILCS 5/5-8-4(d)(9) — 7 cases
People v. Casas, 2017 IL 120797 (Ill. 2017).
People v. Casas, 2016 IL App (2d) 150456 (Ill. App. Ct. 2016).
People v. Flaugher, 920 N.E.2d 1262 (Ill. App. Ct. 2009). “730 ILCS 5/5-8-4(a), (b) (West 2006). Section 5-8-4(h) of the Unified Code mandates that sentences be served consecutively when one of the felonies is committed on pretrial release.”
People v. Cline, 2023 IL App (4th) 220471-U (Ill. App. Ct. 2023).
People v. Miller, 2020 IL App (4th) 180125-U (Ill. App. Ct. 2020).
— 730 ILCS 5/5-8-4(e) — 10 cases
People v. Flaugher, 920 N.E.2d 1262 (Ill. App. Ct. 2009). “730 ILCS 5/5-8-4(a), (b) (West 2006). Section 5-8-4(h) of the Unified Code mandates that sentences be served consecutively when one of the felonies is committed on pretrial release.”
Johnson v. Washington, 690 N.E.2d 660 (Ill. App. Ct. 1998).
People v. Biggs, 691 N.E.2d 48 (Ill. App. Ct. 1998).
People v. Inman, 2014 IL App (5th) 120097 (Ill. App. Ct. 2014).
People v. Inman, 2014 IL App (5th) 120097 (Ill. App. Ct. 2014).
— 730 ILCS 5/5-8-4(e)(1) — 1 case
Johnson v. Washington, 690 N.E.2d 660 (Ill. App. Ct. 1998).
— 730 ILCS 5/5-8-4(e)(2) — 1 case
People v. Serrano, 912 N.E.2d 325 (Ill. App. Ct. 2009).
— 730 ILCS 5/5-8-4(e)(4) — 6 cases
People v. Jones, 2021 IL App (1st) 182392 (Ill. App. Ct. 2021).
Johnson v. Washington, 690 N.E.2d 660 (Ill. App. Ct. 1998).
People v. Jones, 2021 IL App (1st) 182392 (Ill. App. Ct. 2021).
People v. Reeves, 2015 IL App (4th) 130707 (Ill. App. Ct. 2015).
People v. Reeves, 2015 IL App (4th) 130707 (Ill. App. Ct. 2015).
— 730 ILCS 5/5-8-4(f) — 9 cases
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). “) (730 ILCS 5/5-8-4(a) (West 1992).) As the statute provides for the imposition of a consecutive sentence on a defendant already subject to a sentence, both sentences are "involved" under the statutory scheme.”
People v. Gay, 2011 IL App (4th) 100009 (Ill. App. Ct. 2011).
People v. Love, 763 N.E.2d 829 (Ill. App. Ct. 2002).
People v. Gay, 960 N.E.2d 1272 (Ill. App. Ct. 2011).
People v. Weis, 2023 IL App (5th) 220466-U (Ill. App. Ct. 2023).
— 730 ILCS 5/5-8-4(f)(2) — 20 cases
People v. Thompson, 2022 IL App (2d) 190950-U (Ill. App. Ct. 2022).
People v. Schneider, 2024 IL App (4th) 230524-U (Ill. App. Ct. 2024).
People v. Arbuckle, 2016 IL App (3d) 121014-B (Ill. App. Ct. 2016).
People v. Arbuckle, 2016 IL App (3d) 121014-B (Ill. App. Ct. 2016).
People v. Monroy-Martinez, 2024 IL App (1st) 221684-U (Ill. App. Ct. 2024).
— 730 ILCS 5/5-8-4(g) — 6 cases
Round v. Lamb, 2017 IL 122271 (Ill. 2017).
People v. Melvin, 2023 IL App (4th) 220405 (Ill. App. Ct. 2023).
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). “) (730 ILCS 5/5-8-4(a) (West 1992).) As the statute provides for the imposition of a consecutive sentence on a defendant already subject to a sentence, both sentences are "involved" under the statutory scheme.”
People v. Malvin Wash., 2019 IL App (1st) 172372 (Ill. App. Ct. 2019).
People v. Washington, 2019 IL App (1st) 172372 (Ill. App. Ct. 2019).
— 730 ILCS 5/5-8-4(g)(4) — 2 cases
People v. Garcia, 2023 IL App (1st) 172005 (Ill. App. Ct. 2023).
People v. Myers, 2024 IL App (5th) 230431-U (Ill. App. Ct. 2024).
— 730 ILCS 5/5-8-4(h) — 29 cases
People v. Flaugher, 920 N.E.2d 1262 (Ill. App. Ct. 2009). “730 ILCS 5/5-8-4(a), (b) (West 2006). Section 5-8-4(h) of the Unified Code mandates that sentences be served consecutively when one of the felonies is committed on pretrial release.”
People v. Bruer, 780 N.E.2d 1128 (Ill. App. Ct. 2002).
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). “) (730 ILCS 5/5-8-4(a) (West 1992).) As the statute provides for the imposition of a consecutive sentence on a defendant already subject to a sentence, both sentences are "involved" under the statutory scheme.”
People v. Karmatzis, 871 N.E.2d 118 (Ill. App. Ct. 2007).
People v. Little, 2012 IL App (5th) 100547 (Ill. App. Ct. 2012).
— 730 ILCS 5/5-8-4(i) — 7 cases
People v. Casas, 2017 IL 120797 (Ill. 2017).
People v. Tucker, 657 N.E.2d 1009 (Ill. 1995). “) (730 ILCS 5/5-8-4(a) (West 1992).) As the statute provides for the imposition of a consecutive sentence on a defendant already subject to a sentence, both sentences are "involved" under the statutory scheme.”
People v. Willis, 2025 IL App (1st) 232204 (Ill. App. Ct. 2025).
People v. Karmatzis, 871 N.E.2d 118 (Ill. App. Ct. 2007).
People v. Casas, 2017 IL 120797 (Ill. 2018).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.