People v. Mott

561 N.E.2d 1380, 204 Ill. App. 3d 573, 149 Ill. Dec. 684, 1990 Ill. App. LEXIS 1610
CourtAppellate Court of Illinois
DecidedOctober 18, 1990
Docket4-90-0003
StatusPublished
Cited by3 cases

This text of 561 N.E.2d 1380 (People v. Mott) 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. Mott, 561 N.E.2d 1380, 204 Ill. App. 3d 573, 149 Ill. Dec. 684, 1990 Ill. App. LEXIS 1610 (Ill. Ct. App. 1990).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

In passing upon the severity of a sentence imposed by a circuit court in a criminal case, a reviewing court can properly alter that sentence only upon a determination the trial court breached its discretion. (People v. Cox (1980), 82 Ill. 2d 268, 412 N.E.2d 541; People v. Perruquet (1977), 68 Ill. 2d 149, 368 N.E.2d 882.) In recent years, appellate courts of this State have rarely overturned sentences on this basis. However, we conclude the severity of the sentence imposed here was a clear abuse of discretion which requires a reversal of the sentence and a resentencing.

On October 26, 1989, following a bench trial in the circuit court of McLean County, defendant Eleolore L. Mott was found guilty of two counts of reckless homicide (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 3(a)), which concerned separate -victims. Subsequently, the court sentenced her to two concurrent extended terms of eight years’ imprisonment. The imposition of an extended-term sentence pursuant to section 5— 8 — 2(a) of the Unified Code of Corrections (Code) (Ill. Rev. Stat. 1987, ch. 38, par. 1005 — 8—2(a)) was based upon the existence of the aggravating factor of section 5 — 5—3.2(b)(3) of the Code that while being convicted of reckless homicide, she was “convicted of causing the death of more than one individual” (Ill. Rev. Stat. 1987, ch. 38, par. 1005-5-3.2(b)(3)).

In appealing the sentence, defendant makes an extended list of claims of error. We need not discuss all of these assertions, because we deem the decisive factor here is the breach of discretion by the court in imposing such a severe sentence under the totality of the circumstances presented. Reckless homicide is a Class 3 felony (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 3(d)(2)), for which the maximum unextended term of imprisonment which could be imposed was five years (Ill. Rev. Stat. 1987, ch. 38, par. 1005 — 8—1(a)(6)) and the maximum extended-term sentence which could be imposed was 10 years for each offense (Ill. Rev. Stat. 1987, ch. 38, par. 1005 — 8—2(a)(5)). The defendant was not subject to imposition of consecutive sentences. Ill. Rev. Stat. 1987, ch. 38, par. 1005 — 8—4.

The evidence at trial showed on August 15, 1988, defendant drove an automobile along Veterans Parkway in Normal at a speed which one witness estimated to be 60 miles per hour and failed to stop or slow down for a red light at College Avenue. Two young men were killed in the ensuing collisions. The defendant climbed out of her vehicle and ran until stopped by a police officer who had come to the scene of the collisions. Several officers testified defendant did not respond to demands she halt.

Defendant’s son, Bryan Brown, testified at trial (1) defendant had been staying with him during her vacation prior to the date of the accident; (2) on the morning of the accident defendant was not acting “normal” but was acting “childish,” and did not seem to “realize what was going on”; (3) he attempted to prevent her from leaving the house, and she crawled underneath the dashboard of her automobile; (4) he was unable to prevent her from going to work, but followed her in his own car; (5) he saw an accident at the corner of College and Veterans Parkway in Normal, and saw a police officer chasing his mother; (6) he caught up with his mother, walked her to a police car and calmed her down; (7) he indicated his mother was going through divorce proceedings prior to the collision and had been exhibiting some bizarre behavior such as throwing her clothes away and throwing them in the bathtub; (8) she was walking in an odd manner, putting her feet from side to side; and (9) he was present during an interview conducted by the Normal police department and indicated defendant had a “blank” look on her face during some of the questions and that some of her answers made no sense.

One police officer testified defendant appeared to be crying when she was apprehended, and her son helped calm her down. Officers who questioned defendant upon her apprehension variously indicated (1) some of her answers did not make sense; (2) she seemed very concerned, but (3) she did not seem to understand fully what had happened.

Cheryl Gaines testified for the defense that she was the program manager of the McLean County crisis intervention team. She said she saw defendant on August 11, just four days prior to the accident. She said she went to defendant’s home, where she found the defendant was having problems with her husband. She testified that defendant appeared to be depressed, her speech was rather flat and slowed down, she had “poor concentration,” and reported some sleep disturbance. She said that she and defendant agreed defendant would benefit from hospitalization at the Brokaw psychiatric unit. Gaines testified that she saw defendant on August 15, shortly after the collision occurred, and defendant appeared to be in much the same condition as she was on August 11. She said she then went to Brokaw Hospital with defendant, and defendant was checked in there.

Police officer William Nobling then testified that on August 11, 1988, he was called to a domestic disturbance at defendant’s home. He said he saw the defendant holding her son and walking down the street looking for a daughter. He indicated defendant was “acting strangely, spaced out” and had a “very, very strange” stare. Nobling indicated defendant “told me that her daughter had told her that her father had killed babies, and the daughter began to cry and denied that.” Nobling indicated defendant eventually left with the crisis intervention team, and when he spoke to her the next day, she said she had agreed to sign herself into Brokaw Hospital.

Defendant testified, admitting she had agreed to go to Brokaw Hospital, but stated she later had decided she did not need to do so. Instead, she said she spent the next few days at her son’s house, from which she left just before the fatal collision. She testified she had not slept well the previous night, and she could not recall all of the events surrounding the collision.

A report by Dr. Bhaskar Damera, a psychiatrist, was read into evidence. It stated (1) defendant had been admitted into a psychiatric unit for depression about one week before the collision; (2) defendant had been married to a financially irresponsible person who was an alcoholic and had snatched her children from her; (3) defendant had not been sleeping well and had been throwing things away at random; (4) her affect was inappropriate; and (5) her memory impaired, and she lacked understanding of the collision. Damera stated, in his opinion, she was “suffering from significant emotional problems and due to that, she was not able to appreciate the substantial and unjustifiable risk that circumstance posed causing injuries.”

A similar report by another psychiatrist, Dr. Robert Chapman, was also read into evidence.

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Related

People v. Allan
595 N.E.2d 1317 (Appellate Court of Illinois, 1992)
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595 N.E.2d 587 (Appellate Court of Illinois, 1992)
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566 N.E.2d 979 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 1380, 204 Ill. App. 3d 573, 149 Ill. Dec. 684, 1990 Ill. App. LEXIS 1610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mott-illappct-1990.