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People v. Perruquet

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eBook details

  • Title: People v. Perruquet
  • Author : Supreme Court of Illinois
  • Release Date : January 05, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

This case involves the scope of the power of a reviewing court to modify a criminal sentence. The defendant, Joseph Perruquet, pleaded guilty to the crime of burglary (Ill. Rev. Stat. 1973, ch. 38, par. 19-1) before the circuit court of Williamson County. Following a sentencing hearing, the circuit court sentenced the defendant to a minimum of 1 year and a maximum of 20 years in prison. The appellate court reduced defendant's sentence to a minimum of 1 year and a maximum of 5 years. (41 Ill. App.3d 543.) We granted the State leave to appeal and now reverse the judgment of the appellate court and reinstate the sentence entered by the circuit court. The presentence report and the testimony at the sentencing hearing disclosed the following facts. Defendant was 21 years old, married, and the father of two children. He only attended school until the 8th grade and was, as a practical matter, an illiterate. Defendant had been in and out of trouble with the law since the age of 14. In October 1966 defendant was committed to the Illinois Youth Commission as a result of delinquencies referred to in the Commission's records as criminal damage to property, breaking and entering, and auto larceny. On June 3, 1967, defendant was paroled from institutional custody, but was returned on February 16, 1968, as a parole violator charged with criminal damage to property and breaking and entering. Defendant was next paroled on January 3, 1969. He was returned as a parole violator in June of 1969 as a runaway and a sex delinquent. On August 27, 1969, defendant was again paroled, and he was subsequently dismissed from the custody of the Youth Commission on August 17, 1970.


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