People v. Spearman

Appellate Court of Illinois

People v. Spearman

434 N.E.2d 771, 105 Ill. App. 3d 711, 61 Ill. Dec. 416, 1982 Ill. App. LEXIS 1716

CourtAppellate Court of Illinois

DecidedMarch 19, 1982

DocketNo. 81-423

StatusPublished

This text of 434 N.E.2d 771 (People v. Spearman) 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. Spearman, 434 N.E.2d 771, 105 Ill. App. 3d 711, 61 Ill. Dec. 416, 1982 Ill. App. LEXIS 1716 (Ill. Ct. App. 1982).

Pincite

Opinion

JUSTICE HEIPLE

delivered the opinion of the court:

Defendant, convicted of armed robbery and home invasion, was sentenced to 16 years’ imprisonment. His appeal presents a single issue. Defendant claims error in sentencing in that the trial judge considered as a statutory factor in aggravation that defendant’s conduct threatened or caused harm. Defendant urges that since threat of harm or harm itself is implicit in the crimes of home invasion and armed robbery, it was error to consider these elements in aggravation. We disagree. The degree of harm caused or threatened were properly before the trial court and warranted consideration as a sentencing factor.

Affirmed.

SCOTT, P. J., and STOUDER, J., concur.

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JUSTICE HEIPLE

delivered the opinion of the court:

Defendant, convicted of armed robbery and home invasion, was sentenced to 16 years’ imprisonment. His appeal presents a single issue. Defendant claims error in sentencing in that the trial judge considered as a statutory factor in aggravation that defendant’s conduct threatened or caused harm. Defendant urges that since threat of harm or harm itself is implicit in the crimes of home invasion and armed robbery, it was error to consider these elements in aggravation. We disagree. The degree of harm caused or threatened were properly before the trial court and warranted consideration as a sentencing factor.

Affirmed.

SCOTT, P. J., and STOUDER, J., concur.

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Bluebook (online)

434 N.E.2d 771, 105 Ill. App. 3d 711, 61 Ill. Dec. 416, 1982 Ill. App. LEXIS 1716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spearman-illappct-1982.