PEOPLE v. KILPATRICK

No. 77815.

657 N.E.2d 1005 (1995)

167 Ill.2d 439

212 Ill.Dec. 660

The PEOPLE of the State of Illinois, Appellee, v. Jeffrey A. KILPATRICK, Appellant.

Supreme Court of Illinois.

October 26, 1995.


Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, and Peter A. Carusona, Assistant Defender, of the Office of the State Appellate Defender, Ottawa, for appellant.

James Ryan, Attorney General, Springfield, and Raymond Kimbell III, State's Attorney, Galesburg (Norbert J. Goetten, John X. Breslin and Robert M. Hansen, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.


Justice McMORROW delivered the opinion of the court:

Section 5-8-1(c) of the Unified Code of Corrections prohibits a trial court from increasing a sentence after it has been imposed (730 ILCS 5/5-8-1(c) (West 1992)). The question in this appeal is whether the trial court violated section 5-8-1(c) when the court vacated the defendant's consecutive sentences of nine and six years' imprisonment and instead imposed a "single sentence" of 15 years' incarceration.

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