{ "id": 5667771, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD GLENN SAMIER, Defendant-Appellant", "name_abbreviation": "People v. Samier", "decision_date": "1986-06-02", "docket_number": "No. 3-85-0295", "first_page": "873", "last_page": "875", "citations": [ { "type": "official", "cite": "143 Ill. App. 3d 873" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "368 N.E.2d 882", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "68 Ill. 2d 149", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5809665 ], "opinion_index": 0, "case_paths": [ "/ill-2d/68/0149-01" ] }, { "cite": "473 N.E.2d 601", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "129 Ill. App. 3d 966", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3490428 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/129/0966-01" ] } ], "analysis": { "cardinality": 271, "char_count": 3790, "ocr_confidence": 0.748, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.16440340730289682 }, "sha256": "bc32600af34d12c5d98428317962aaac61229159f313aeb6ea1f2bc24a6c62ff", "simhash": "1:a06bad9f525a9970", "word_count": 599 }, "last_updated": "2023-07-14T15:11:23.440803+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD GLENN SAMIER, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE BARRY\ndelivered the opinion of the court:\nOn July 27, 1983, following a jury trial, the defendant, Donald Glenn Samier, was convicted of the offenses of kidnaping, aggravated kidnaping, and unlawful restraint. The trial court sentenced the defendant to a term of 15 years\u2019 imprisonment. On appeal, this court vacated the defendant\u2019s convictions for kidnaping and unlawful restraint and remanded the cause for resentencing on the aggravated kidnaping conviction. (People v. Samier (1985), 129 Ill. App. 3d 966, 473 N.E.2d 601.) Upon resentencing, the defendant was again sentenced to a term of 15 years\u2019 imprisonment.\nThe defendant again appeals, contending that the imposition of an identical 15-year maximum sentence for aggravated kidnaping was excessive and an abuse of discretion where the defendant did not have a history of violent criminal conduct, where he did not harm the victim, and where the trial court did not consider the defendant\u2019s efforts to rehabilitate himself. We affirm.\nThe imposition of a sentence is a matter for the discretion of the trial court. Absent an abuse of that discretion, a reviewing court may not alter the trial court\u2019s sentence. (People v. Perruquet (1977), 68 Ill. 2d 149, 368 N.E.2d 882.) Upon reviewing the record, we find no abuse of discretion by the trial court in resentencing the defendant.\nInitially, we note that at the resentencing hearing, the trial court indicated that it imposed the original sentence for aggravated kidnaping, the most serious felony for which the defendant was convicted, without considering the fact that the jury returned two other convictions. Thus, in reimposing a 15-year sentence for aggravated kidnaping, the trial court did not violate the provisions of section 5 \u2014 5\u20144 of the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005 \u2014 5\u20144) which prohibit the imposition on resentencing of a new sentence which is more severe than the prior sentence.\nAdditionally, we note that on resentencing, the court considered evidence that the defendant injured the victim. She suffered bruises on her back and cheek, and her ears were bleeding. There also was evidence that he twice threatened her, at knife point, with death.\nThe court also considered the defendant\u2019s criminal history. That history showed that the defendant had been convicted twice for misdemeanor theft in Illinois. He also was convicted in Iowa for the felony of \u201cbreaking and entering,\u201d receiving a 10-year prison sentence. The defendant committed the instant crime only three months after his release on parole from prison in Iowa. Further, there is evidence that the defendant attempted to kidnap two other females, both minors, just two days prior to the day he committed the crime in question.\nLastly, we find nothing in the record to indicate that the trial court failed to consider the defendant\u2019s efforts at rehabilitation. The defendant\u2019s efforts at rehabilitation, which include a good institutional record for the current offense, aiding authorities on two unrelated crimes, and attempting to get his high school equivalency degree, are not such that the trial court\u2019s imposition of a maximum sentence under these circumstances was in any way an abuse of discretion.\nAccordingly, the judgment of the circuit court of Rock Island County is affirmed.\nAffirmed.\nHEIPLE, P.J., and STOUDER, J., concur.", "type": "majority", "author": "JUSTICE BARRY" } ], "attorneys": [ "Robert Agostinelli and Kenneth D. Brown, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.", "James T. Teros, State\u2019s Attorney, of Rock Island (Raymond L. Beck, of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD GLENN SAMIER, Defendant-Appellant.\nThird District\nNo. 3 \u2014 85\u20140295\nOpinion filed June 2, 1986.\nRobert Agostinelli and Kenneth D. Brown, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nJames T. Teros, State\u2019s Attorney, of Rock Island (Raymond L. Beck, of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People." }, "file_name": "0873-01", "first_page_order": 895, "last_page_order": 897 }