People v. Lang

853 N.E.2d 90, 366 Ill. App. 3d 588, 304 Ill. Dec. 558, 2006 Ill. App. LEXIS 619, 2006 WL 2052131
CourtAppellate Court of Illinois
DecidedJuly 24, 2006
Docket1-04-3247
StatusPublished
Cited by2 cases

This text of 853 N.E.2d 90 (People v. Lang) 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. Lang, 853 N.E.2d 90, 366 Ill. App. 3d 588, 304 Ill. Dec. 558, 2006 Ill. App. LEXIS 619, 2006 WL 2052131 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE CAHILL

delivered the opinion of the court:

William Lang was convicted of aggravated unlawful use of a weapon by a felon after a jury trial. He was sentenced to seven years in prison. Because the remarks of the trial judge at the sentencing hearing bring into question whether defendant’s constitutional right to have his sentence determined with the objective of restoring him to useful citizenship (see Ill. Const. 1970, art. I, § 11) was impaired, we vacate his sentence and remand this case for a new sentencing hearing before a different judge.

Defendant does not challenge his conviction on appeal. Rather, defendant argues: (1) he was denied a fair sentencing hearing because the trial court refused to consider his rehabilitative potential; and (2) he was improperly admonished under Supreme Court Rule 605(a) (188 Ill. 2d R. 605(a)).

Great weight is given a trial court’s sentencing determination. People v. Jeter, 247 Ill. App. 3d 120, 130, 616 N.E.2d 1256 (1993). The trial court has discretion to fashion an appropriate sentence and its decision will not be reversed absent an abuse of that discretion. Jeter, 247 Ill. App. 3d at 130. The trial court is in a better position to decide a proper punishment than is a court of review. Jeter, 247 Ill. App. 3d at 130.

proper sentence must be premised on the particular facts and circumstances of each individual case. Jeter, 247 Ill. App. 3d at 130. The determination of an appropriate sentence depends on several factors, including the gravity of the offense, the circumstances of the commission and the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, age and criminal history. Jeter, 247 Ill. App. 3d at 131. It is the duty of the sentencing judge to strike an appropriate balance between protection of society and rehabilitation of the offender. Jeter, 247 Ill. App. 3d at 131. Trial judges are compelled to consider each defendant’s individual rehabilitative potential. Jeter, 247 Ill. App. 3d at 131. The constitution requires that “[a]ll penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship.” Ill. Const. 1970, art. I, § 11; Jeter, 247 Ill. App. 3d at 131. “While this is not to say that the objective of restoring the offender to useful citizenship is to be accorded greater consideration than that which establishes the seriousness of the offense [citations], such concerns must be considered on a case-by-case basis.” Jeter, 247 Ill. App. 3d at 131.

Defendant here was found guilty of aggravated unlawful use of a weapon by a felon, punishable as a Class 2 felony. See 720 ILCS 5/24 — 1.6(d) (West 2000). Defendant was eligible to receive an extended-term sentence based on his criminal history. See 730 ILCS 5/5 — 5—3.2(b)(1) (West 2000). The sentencing range was no less than 3 years and no more than 14 years in prison. See 730 ILCS 5/5 — 8— 1(a)(5), 5 — 8—2(a)(4) (West 2000). The State argued defendant should receive close to the maximum. The State presented evidence of defendant’s earlier convictions, including convictions for attempted murder, armed robbery, robbery, possession of a controlled substance and possession of cannabis.

Defendant called Norbert Kuksta, an inspector at the Cook County jail, to testify in mitigation. Kuksta said defendant, while imprisoned for an earlier conviction, helped Kuksta identify correction officers who were smuggling contraband into the jail. Defendant also worked with Kuksta after his release. Kuksta said defendant’s cooperation was “invaluable” in making the prison system more secure. Also in mitigation, defendant presented evidence that he had obtained a bachelor’s degree while in prison, had the support of his mother, had separated himself from gangs and was employed. Defendant also argued his criminal history since 1996 had consisted of nonviolent crimes and that he did not injure anyone in the shooting for which he was being sentenced.

Before sentencing, the trial judge said defendant was “approaching middle age” and had “enough experience in the criminal justice system to know that under no circumstances should [he] be in possession of a gun.” The trial judge referenced defendant’s cooperation with Kuksta but questioned his motive in cooperating. The judge then made the following statement:

“And I frankly *** do not understand what the objective [of sentencing you] is. I don’t understand what I or society gains by putting you in prison for possession of a weapon. If I thought it was going to deter you or anybody else, it might make sense. But I’m fully aware that what I do to you is going to be zero effect on anyone else out there carrying a weapon.
*** I would also not have any problem with [sentencing you] if I thought *** there would be some level of rehabilitation, but you don’t need rehabilitating. You rehabilitated yourself [in spite] of the penitentiary by getting into things while in the penitentiary *** you [chose] to do.
The penitentiary is not [a way] for you to go and expect to find anything of a rehabilitative nature. We just warehouse people in penitentiaries. We don’t rehabilitate them.
The Department of Corrections *** doesn’t consider itself to be a rehabilitative institution. So, for you, sentencing you to the penitentiary is simply to isolate and take you out of society, and I think in many instances for the benefit [of] those who work in the prison industry because they need bodies in prison. And the population of inmates in this country has just gone over two million. It’s a huge industry, and if you collapse it by staying out of the penitentiary, you will collapse economy all around this country.
You are sentenced to a term of [seven] years in the Illinois Department of Corrections.”

Defendant argues this excerpt demonstrates the trial court failed to consider his rehabilitative potential and fashioned a sentence based on the judge’s personal opinion of the prison system. Defendant cites Jeter.

The court there made the following statement during the defendants’ sentencing hearing:

“ ‘First, I think it ought to be noted for the record that there [have] been references made by the attorneys, both the prosecution and for the defense, concerning punishment reflecting the possibility of rehabilitation. And I think it ought to be clear in everyone’s mind that it is the [c]ourt’s judgment that a penal institution is not a place where rehabilitation takes place.
A penal institution is a place where people who have been convicted of crimes are sent in execution of their sentence.
Early on it was considered that rehabilitative programs would take place during the incarceration period.

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Related

People v. Davis
2024 IL App (1st) 231357-U (Appellate Court of Illinois, 2024)
People v. Walker
2012 IL App (1st) 83655 (Appellate Court of Illinois, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
853 N.E.2d 90, 366 Ill. App. 3d 588, 304 Ill. Dec. 558, 2006 Ill. App. LEXIS 619, 2006 WL 2052131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lang-illappct-2006.