Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Young

Court of Appeals of Illinois, Third District

April 25, 2018

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
RICHARD C. YOUNG, Defendant-Appellant.

          Appeal from the Circuit Court of La Salle County, No. 14-CF-370; the Hon. Howard C. Ryan Jr., Judge, presiding.

          Michael J. Pelletier, Peter A. Carusona, and Jay Wiegman, of State Appellate Defender's Office, of Ottawa, for appellant.

          Karen Donnelly, State's Attorney, of Ottawa (Patrick Delfino, Lawrence M. Bauer, and Gary F. Gnidovec, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

          JUSTICE LYTTON delivered the judgment of the court, with opinion. Justice Wright concurred in the judgment and opinion. Justice Schmidt dissented, with opinion.

          OPINION

          LYTTON JUSTICE

         ¶ 1 Defendant, Richard C. Young, appeals his convictions and sentences, contending that he should receive a new sentencing hearing because the record fails to demonstrate that he was eligible for extended-term sentencing. We vacate and remand.

         ¶ 2 FACTS

         ¶ 3 A jury found defendant guilty of two counts of burglary (720 ILCS 5/19-1(a) (West 2014)). The circuit court ordered the preparation of a presentence investigation report (PSI) and continued the matter for sentencing.

         ¶ 4 The PSI was filed prior to the sentencing hearing. The PSI showed that on December 23, 2004, defendant was convicted of a Class 1 felony and sentenced to six years' imprisonment. The PSI did not include the dates defendant was taken into or released from the custody of the Department of Corrections (DOC) for this sentence. The PSI also showed that in 2008 defendant was convicted of two Class 3 felonies and sentenced to 6½ years' imprisonment. The PSI also did not include the dates defendant was taken into or released from the custody of the DOC for this sentence.

         ¶ 5 By agreement, the parties added a certified copy of defendant's 2008 Class 3 felony convictions to the PSI. The certified copy showed that defendant spent 150 days in pretrial custody before he was sentenced, but the document did not include the time defendant spent in custody after being sentenced.

         ¶ 6 On August 6, 2015, the circuit court held a sentencing hearing. The circuit court inquired as to whether defendant was eligible for extended-term sentencing based on defendant's Class 1 felony conviction in 2004. Specifically, the court wanted to know if, excluding the time defendant spent in custody, defendant's 2004 conviction fell within 10 years of defendant's convictions in this case. The State told the court,

"I wasn't able to ascertain an exact date, judge, but based on my calculation, and I did look in to this, we are within the ten years based on all his pretrial incarceration and the time he spent in custody. Also when he was incarcerated on the Class 3 he received six and a half years on that, and we're within the ten years based on the statute and the case law."

         The court asked defense counsel if he agreed, and counsel replied, "Judge, I have no knowledge. I've tried to calculate it myself. I think it's very, very close. It would be within days I believe." The court responded,

"[the] only reason I'm asking is I'm looking for a date. He was sentenced on that particular matter in December of 2004, and he ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.