People v. Hamelin

537 N.E.2d 3, 181 Ill. App. 3d 350, 130 Ill. Dec. 182, 1989 Ill. App. LEXIS 377
CourtAppellate Court of Illinois
DecidedMarch 29, 1989
Docket2-87-0807
StatusPublished
Cited by7 cases

This text of 537 N.E.2d 3 (People v. Hamelin) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hamelin, 537 N.E.2d 3, 181 Ill. App. 3d 350, 130 Ill. Dec. 182, 1989 Ill. App. LEXIS 377 (Ill. Ct. App. 1989).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Defendant, Shane Hamelin, appeals from the order of the circuit court of Lake County revoking his probation and sentencing him to five concurrent terms of imprisonment ranging from three to eight years. Defendant’s motions to reconsider the sentences were denied, and this appeal followed. We reverse.

On March 9, 1987, defendant pleaded guilty to one count of residential burglary (Ill. Rev. Stat. 1985, ch. 38, par. .19 — 3), and three counts of burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19 — 1). A continuance was granted so that defendant could be evaluated for possible drug addiction pursuant to the Alcoholism and Substance Abuse Act (Act) (Ill. Rev. Stat. 1985, ch. 111½, par. 6301 et seq.). Defendant was interviewed and a report was issued by Treatment Alternatives to Street Crimes (TASC) indicating that defendant was a drug addict. The report further indicated that substance-abuse treatment would increase the likelihood that defendant could be rehabilitated.

On May 26, 1987, a sentencing hearing was held. Defendant testified that he was a regular user of alcohol, marijuana, and cocaine. He indicated that he used the proceeds of the burglaries to pay for his drug addiction. Defendant also indicated that he used marijuana and cocaine while the burglary charges were pending against him.

The presentence report indicated that defendant was 18 years old on the date of sentencing and that he had two prior traffic convictions and an ordinance violation. The trial court sentenced defendant to four concurrent six-month terms of imprisonment in the Lake County jail and to four concurrent four-year terms of probation under the supervision of TASC. Defendant was then sent to the Lake County jail to begin serving his sentence.

Upon entering the jail, defendant was asked to remove his clothing so that he could be searched. Defendant then advised Officer Herb Hunter that defendant had a small amount of cocaine with him, which he voluntarily gave to Officer Hunter. Defendant was subsequently charged with two new offenses, namely the unlawful possession of cocaine (Ill. Rev. Stat. 1985, ch. 56½, par. 1401) and the bringing of contraband into a non-State penal institution (Ill. Rev. Stat. 1985, ch. 38, par. 31A — 1). The State also filed a petition to revoke defendant’s probation based on the new charges filed against him.

On July 7, 1987, defendant pleaded guilty to the unlawful possession of cocaine in return for a nolle prosequi on the charge of bringing contraband into jail. Updated presentence reports were prepared, and defendant was again found acceptable for the TASC program.

On July 29, 1987, another sentencing hearing was held for defendant. At the hearing, deputy sheriff Michael Blazincic testified that defendant told Blazincic that defendant obtained the cocaine the night before the original sentencing hearing to take into the jail in the event that incarceration would be imposed. Defendant disputed Bla-zincic’s testimony, stating:

“I would also like to say that I am sorry, that I do have a drug problem, and I know it was stupid to bring drugs with me into court, but I didn’t realize I was going to jail that day. I do have a drug problem and would like to, you know, get a chance to get help and get on with my life.”

John Mizner, an area representative for TASC, also testified at the sentencing hearing. It was Mizner’s opinion that defendant was still a drug addict and was still a likely candidate for successful rehabilitation. This opinion was formulated even with the knowledge that defendant appeared in court requesting TASC treatment with cocaine concealed on his person.

The trial court did not believe defendant was telling the truth and also disputed the accuracy of the TASC report. The judge stated:

“[W]ith respect to the Defendants’ [Hamelin’s and a codefend-ant’s] statements, I just don’t believe them. They indicated they didn’t know they were going to jail, and I find that totally incredible. They both pled guilty to mandatory incarceration offenses. I just frankly don’t believe a word of it.”

In addition, it was the trial court’s opinion that defendant only told TASC “what T.A.S.C. wanted to hear” and therefore found the TASC report to be unreliable. It was the judge’s opinion that defendant was not likely to be successfully rehabilitated in the TASC program. The court then sentenced defendant to eight years’ imprisonment for his residential burglary conviction, seven years’ imprisonment for each burglary conviction, and three years’ imprisonment for the possession of cocaine conviction. All sentences were to be served concurrently.

On August 20, 1987, defendant filed motions to reconsider the sentences, which were denied. This appeal followed. On appeal, defendant’s sole contention is that the trial court abused its discretion in sentencing defendant to lengthy terms of imprisonment for the residential burglary, burglary, and possession of cocaine convictions.

The imposition of a criminal sentence is a matter of judicial discretion, and the sentence may not be altered upon review unless there is an abuse of discretion. (People v. Perruquet (1977), 68 Ill. 2d 149, 153; People v. Katsigiannis (1988), 171 Ill. App. 3d 1090, 1102.) The trial court is normally in the best position to determine the appropriate sentence based on such diverse factors as the defendant’s age, credibility, moral character, social environment, demeanor, and habits. (Perruquet, 68 Ill. 2d at 154.) Thus, the trial court’s decision is entitled to great deference on review. People v. Younger (1986), 112 Ill. 2d 422, 427-28.

At the original sentencing hearing, the trial court determined that defendant was a drug addict who needed professional help in treating his addiction. The judge sentenced defendant to six months in the Lake County jail and also placed defendant on four years’ probation under the supervision of TASC to cure his drug addiction. However, defendant never received any rehabilitative treatment from TASC. As we previously indicated, the trial court revoked defendant’s probation and sentenced defendant to imprisonment because defendant attempted to bring cocaine into the Lake County jail.

Defendant contends that the trial court abused its discretion in revoking defendant’s probation because defendant never had the opportunity to participate in the drug rehabilitation program. The Act provides in pertinent part:

“It is the public policy of this State that the human suffering and social and economic loss caused by the illness of alcoholism, addiction to controlled substances, the use of cannabis, and the abuse and misuse of alcohol and other drugs are matters of grave concern to the people of the State. *** [T]he provision of a broad range of early intervention, treatment, and rehabilitation for alcoholics, controlled substance addicts, and alcohol and other drug abusers to the end that these unfortunate individuals may be restored to good health and again become useful citizens in the community.” Ill. Rev. Stat. 1987, ch. lll1^, par. 6302.

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Cite This Page — Counsel Stack

Bluebook (online)
537 N.E.2d 3, 181 Ill. App. 3d 350, 130 Ill. Dec. 182, 1989 Ill. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hamelin-illappct-1989.