{
  "id": 2512495,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDDIE GILLER, Defendant-Appellant",
  "name_abbreviation": "People v. Giller",
  "decision_date": "1989-11-02",
  "docket_number": "No. 5\u201488\u20140312",
  "first_page": "710",
  "last_page": "712",
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
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    {
      "cite": "162 Ill. App. 3d 209",
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      "reporter": "Ill. App. 3d",
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  "last_updated": "2023-07-14T16:26:25.592248+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDDIE GILLER, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE WELCH\ndelivered the opinion of the court:\nThis cause comes before us on appeal for the second time following a judgment entered on a jury verdict in the circuit court of Montgomery County finding defendant Eddie Giller guilty on three counts of aggravated criminal sexual assault. Both appeals have presented questions concerning sentencing.\nIn the first appeal, People v. Giller (1987), 162 Ill. App. 3d 209, 514 N.E.2d 1206, we vacated the trial court\u2019s imposition of an extended-term sentence. We ruled that an extended-term sentence violated the principle that a trial court may not rely upon a factor inherent in an offense as an aggravating factor at sentencing because such reliance results in a double enhancement of the allowable punishment for the underlying crime.\nOn remand to the trial court for a new sentencing hearing, the court found that the three counts of aggravated criminal sexual assault were not part of the same course of conduct. Additionally, the court noted that the defendant was out on parole at the time the offenses were committed. The court sentenced defendant to 30 years of imprisonment for each count. Counts I and III were ordered to be served concurrently, and count II was ordered to be served consecutively. In the present appeal, defendant argues that because the trial court did not order consecutive sentences at defendant\u2019s first sentencing, the imposition of consecutive sentences at the second sentencing was improper.\nSection 5\u20145\u20144 of the Unified Code of Corrections provides that once a sentence has been set aside on review or collateral attack, \u201cthe court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence.\u201d (Ill. Rev. Stat. 1987, ch. 38, par. 1005\u20145\u20144.) On remand for a new sentence, the trial court should not construe the order vacating its original sentence as a mandate from the appellate court instructing that on resentencing a lesser sentence should be imposed; rather, the trial court should simply consider that matter anew without relying on any factors which were considered improper by the reviewing court. People v. Morton (1981), 102 Ill. App. 3d 280, 282, 430 N.E.2d 383, 384.\nIn the case now before us, defendant\u2019s sentence on remand was no more severe than his original sentence. His original sentence was for an extended term of 60 years\u2019 imprisonment, and his re-sentence totaled 60 years\u2019 imprisonment. The imposition of consecutive terms of 30 years\u2019 imprisonment was consistent with section 5\u20148\u2014 4 of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1005\u20148\u20144) and could have been imposed in the original sentencing. Therefore we are unable to find any impropriety in defendant\u2019s sentence on remand.\nThe cases cited by defendant are inapposite to the instant appeal because they involve situations in which the sentence imposed on remand was either a more severe sentence for the same conduct, or a sentence of the same severity for an offense which was reduced on remand. For instance, in People v. Cunitz (1978), 59 Ill. App. 3d 701, 375 N.E.2d 1020, the defendant was originally sentenced to consecutive terms of 40 months to 10 years\u2019 imprisonment for convictions of felony theft and felony escape. The reviewing court found that the facts were only sufficient to support misdemeanor theft, not felony theft, along with the felony escape. On remand, the misdemeanor theft was given a 364-day prison term, but the felony escape count was increased significantly to a term of 5 to 20 years\u2019 imprisonment. This resulted in a doubling of the maximum possible term from 10 to 20 years\u2019 imprisonment, in contravention of the dictates of section 5\u20145\u2014 4. (Ill. Rev. Stat. 1987, ch. 38, par. 1005\u20145\u20144.) No such increase is present in the instant case.\nFor these reasons, we affirm the order of the circuit court of Montgomery County.\nAffirmed.\nCHAPMAN and HOWERTON, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE WELCH"
      }
    ],
    "attorneys": [
      "Daniel M. Kirwan and Larry R. Wells, both of State Appellate Defender\u2019s Office, of Mount Vernon, for appellant.",
      "Kathryn Dobrinic, State\u2019s Attorney, of Hillsboro (Kenneth R. Boyle, Stephen E. Norris, and Debra A. Buchman, 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. EDDIE GILLER, Defendant-Appellant.\nFifth District\nNo. 5\u201488\u20140312\nOpinion filed November 2, 1989.\nDaniel M. Kirwan and Larry R. Wells, both of State Appellate Defender\u2019s Office, of Mount Vernon, for appellant.\nKathryn Dobrinic, State\u2019s Attorney, of Hillsboro (Kenneth R. Boyle, Stephen E. Norris, and Debra A. Buchman, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0710-01",
  "first_page_order": 732,
  "last_page_order": 734
}