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People v. Johnson, 2015 IL App (4th) 130968 (November 2015). Episode 115 (Duration: 3:38)
Defendant's 3 consecutive sentences stand, but this was not a "bond-on-bond" situation".
Defendant violated probation with two new crimes of theft and criminal trespass to property. The judge sentenced him to consecutive sentences on the new theft (3 years) and the trespass (4 years).
He received 7 years for the offense he was on probation for. Then the court said all the sentences should be consecutive to protect the public. 730 ILCS 5/5-8-4(d)(8) says sentences must be mandatory when "a person charged with a felony commits a separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility."
The judge was wrong in citing this statute because although defendant was on bond when charged with the second new offense. At the time, the charge was only a misdemeanor and did not get "upgraded" until after the arrest for the second new charge.
So he was not charged with a felony when he was arrested for the second one. It's all harmless error because the judge made a clear finding that consecutive sentences were required for the public good.
See "public good" consecutive sentencing. 730 ILCS 5/5-8-4(c)(1).
By Samuel Partida, Jr.4.4
4949 ratings
People v. Johnson, 2015 IL App (4th) 130968 (November 2015). Episode 115 (Duration: 3:38)
Defendant's 3 consecutive sentences stand, but this was not a "bond-on-bond" situation".
Defendant violated probation with two new crimes of theft and criminal trespass to property. The judge sentenced him to consecutive sentences on the new theft (3 years) and the trespass (4 years).
He received 7 years for the offense he was on probation for. Then the court said all the sentences should be consecutive to protect the public. 730 ILCS 5/5-8-4(d)(8) says sentences must be mandatory when "a person charged with a felony commits a separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility."
The judge was wrong in citing this statute because although defendant was on bond when charged with the second new offense. At the time, the charge was only a misdemeanor and did not get "upgraded" until after the arrest for the second new charge.
So he was not charged with a felony when he was arrested for the second one. It's all harmless error because the judge made a clear finding that consecutive sentences were required for the public good.
See "public good" consecutive sentencing. 730 ILCS 5/5-8-4(c)(1).