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People v. Patton

August 24, 1998

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
MARK D. PATTON, DEFENDANT-APPELLANT.



The opinion of the court was delivered by: Justice Lytton delivered the opinion of the court:

IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 1998

Appeal from the Circuit Court of the 10th Judicial Circuit, Tazewell County, Illinois

No. 94--CF--92

Honorable Scott A. Shore, judge Presiding

Pursuant to a partially negotiated agreement, defendant Mark D. Patton pleaded guilty to one count of burglary (720 ILCS 5/19--1 (West 1994)), and another burglary charge was dismissed. He was sentenced to an extended term of 14 years' imprisonment by Circuit Judge Robert Cashen. Defendant filed a motion to reconsider sentence, which was denied. He appealed, and this court remanded the cause for compliance with the attorney's certificate requirement of Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)). Defendant's amended motion to reconsider was subsequently denied by Circuit Judge Scott Shore.

In this appeal, defendant argues that (1) the court erred in denying his request to schedule the hearing on his amended motion to reconsider before Judge Cashen; and (2) his 14-year sentence should be ordered to run concurrently with the unserved portion of prison sentences previously imposed by the State of Missouri. We affirm.

FACTS

The record shows that defendant was serving a 35-year sentence for assault with intent to kill with malice aforethought when he escaped from a Jackson County, Missouri, correctional facility on August 14, 1993. While still a resident of the Missouri correctional facility, defendant was also convicted of delivery/possession of drugs, for which he received a five-year sentence to be served consecutively to the sentence for assault. Defendant remained free until his arrest for the Tazewell County, Illinois, burglaries in this case.

Prior to sentencing, defendant moved for a continuance so that he could return to Missouri to face escape charges. However, Judge Cashen denied the request and further refused to order that defendant's Illinois sentence be served concurrently with the remainder of the terms previously imposed in Missouri. Judge Cashen then imposed the maximum extended-term prison sentence and subsequently denied defendant's motion to reconsider.

After defendant's first appeal was remanded, defendant amended his motion to reconsider sentence, and the cause was set for a hearing before Judge Scott Shore. Defendant requested that the motion be heard by Judge Cashen. However, Judge Cashen had been transferred out of Tazewell County, and the chief Judge of the circuit had assigned Cashen's cases to Judge Shore. Accordingly, Judge Shore denied defendant's request to reschedule the cause for a hearing before Judge Cashen.

In his amended motion to reconsider sentence, defendant renewed his request that the Illinois sentence be ordered to run concurrently with the remainder of his Missouri sentences. Defendant introduced evidence establishing that under Missouri law, his escape interrupted the sentence he was serving until such time as he returned to a correctional facility in Missouri. Defendant had six years and eight months left to serve on sentences imposed in that state. Judge Shore denied defendant's motion.

I.

REQUEST FOR HEARING BEFORE JUDGE CASHEN

On appeal, defendant argues that the court violated Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)) by refusing to schedule his amended motion for reconsidation to be heard by Judge Cashen. Defendant contends that the Rule requires the original sentencing Judge to review his own sentencing decision on a motion to reconsider unless he is unavailable, that is, dead or retired. Judge Cashen was neither; ...


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