{
  "id": 3553538,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JESSE PENA, Defendant-Appellant",
  "name_abbreviation": "People v. Pena",
  "decision_date": "1988-08-25",
  "docket_number": "No. 4-88-0051",
  "first_page": "263",
  "last_page": "265",
  "citations": [
    {
      "type": "official",
      "cite": "175 Ill. App. 3d 263"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "462 N.E.2d 473",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "pin_cites": [
        {
          "page": "476-77"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "101 Ill. 2d 366",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        3160723
      ],
      "pin_cites": [
        {
          "page": "374"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/101/0366-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 198,
    "char_count": 2314,
    "ocr_confidence": 0.767,
    "pagerank": {
      "raw": 6.89516513629939e-08,
      "percentile": 0.41929683931379785
    },
    "sha256": "c375df659e49865ddbf9cf5dd2c79997374dfcacb69df06f7bda771448870003",
    "simhash": "1:a26f1e90fec29d87",
    "word_count": 386
  },
  "last_updated": "2023-07-14T17:24:13.630237+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. JESSE PENA, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE LUND\ndelivered the opinion of the court:\nDefendant Jesse Pena was convicted in the circuit court of Champaign County of the offense of voluntary manslaughter in violation of section 9\u20142 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 9\u20142) and sentenced to 10 years\u2019 imprisonment in the Illinois Department of Corrections, with the sentence to run consecutively to a two-year sentence imposed in Champaign County case No. 87\u2014CF\u2014885. Defendant appeals.\nThe sole issue on appeal is whether the trial court erred by sentencing defendant to consecutive terms of imprisonment without finding that such a sentence was necessary to protect the public from further criminal conduct by the defendant. The trial court did not make such a finding. The defendant did not present this issue to the trial court.\nSection 5 \u2014 8\u20144(b) of the Unified Code of Corrections provides:\n\u201cThe court shall not impose a consecutive sentence unless, having regard to the nature and circumstances of the offense and the history and character of the defendant, it is of the opinion that such a term is required to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record.\u201d (Ill. Rev. Stat. 1985, ch. 38, par. 1005-8-4(b).)\nWhile stating it may be a better practice for the trial court to use the language of the statute, our supreme court has held the mandatory language of this statute to be permissive and, as a result, is subject to waiver by the defendant\u2019s failure to request from the trial court a statement of reasons for a particular sentence. (People v. Hicks (1984), 101 Ill. 2d 366, 374, 462 N.E.2d 473, 476-77.) The matter was not properly presented to the trial court and is, therefore, waived.\nAffirmed.\nMcCULLOUGH and KNECHT, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE LUND"
      }
    ],
    "attorneys": [
      "Daniel D. Yuhas and Gary R. Peterson, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "Thomas J. Difanis, State\u2019s Attorney, of Urbana (Kenneth R. Boyle, Robert J. Biderman, and Michael K. Blazicek, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JESSE PENA, Defendant-Appellant.\nFourth District\nNo. 4\u201488\u20140051\nOpinion filed August 25, 1988.\nRehearing denied November 3, 1988.\nDaniel D. Yuhas and Gary R. Peterson, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nThomas J. Difanis, State\u2019s Attorney, of Urbana (Kenneth R. Boyle, Robert J. Biderman, and Michael K. Blazicek, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0263-01",
  "first_page_order": 285,
  "last_page_order": 287
}