Summary
The Illinois Appellate Court held that evidence concerning prior arrests that did not result in convictions may be considered when determining whether to grant probation, but may not properly be considered in determining the sentence imposed. Because the record indicated that the trial court considered the evidence only in evaluating probation, the judgment and sentence were affirmed.
Holdings
- The trial judge correctly admitted the defendant's prior felony convictions for impeachment.
- No reversal is warranted because the defendant did not move for a new trial on that ground, and therefore the issue is not before the court.
- The trial court correctly excluded the cross‑examination questions because they concerned prior arrests or conduct unrelated to credibility and are prohibited.
Questions Presented
- Whether the sentencing court could hear and consider evidence concerning prior arrests and dismissed charges when determining whether to grant probation.
- Whether the sentencing court improperly relied on evidence concerning prior arrests and dismissed charges in imposing the term of imprisonment.
Disposition
affirmed
Cases Cited (8)
- People v. Gaines, 21 Ill. App. 3d 839, 316 N.E.2d 14(followed)
- People v. Jackson, 95 Ill. App. 2d 193, 238 N.E.2d 196(followed)
- People v. Riley, 376 Ill. 364, 33 N.E.2d 872(followed)
- People v. Young, 30 Ill. App. 3d 176, 332 N.E.2d 173(followed)
- People v. Taylor, 13 Ill. App. 3d 974, 301 N.E.2d 319(followed)
- People v. Pope, 31 Ill. App. 3d 990, 334 N.E.2d 366(followed)
- People v. Grabowski, 12 Ill. 2d 462, 147 N.E.2d 49(followed)
- People v. Sawyer, 1 Ill. App. 3d 1096, 275 N.E.2d 771(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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