{ "id": 2945679, "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Eugene Lee Newbury, Defendant-Appellant", "name_abbreviation": "People v. Newbury", "decision_date": "1974-09-09", "docket_number": "No. 73-230", "first_page": "1", "last_page": "3", "citations": [ { "type": "official", "cite": "22 Ill. App. 3d 1" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "33 Ill.2d 417", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2882811 ], "pin_cites": [ { "page": "424" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/33/0417-01" ] }, { "cite": "54 Ill.2d 552", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2932873 ], "pin_cites": [ { "page": "556-7" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/54/0552-01" ] }, { "cite": "125 Ill.App.2d 237", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 1577220 ], "pin_cites": [ { "page": "243" } ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/125/0237-01" ] }, { "cite": "408 U.S. 238", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1782791 ], "weight": 3, "pin_cites": [ { "page": "288" }, { "page": "377-378" }, { "page": "2751-2752" } ], "opinion_index": 0, "case_paths": [ "/us/408/0238-01" ] }, { "cite": "53 Ill.2d 228", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2926044 ], "weight": 2, "pin_cites": [ { "page": "237" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/53/0228-01" ] } ], "analysis": { "cardinality": 382, "char_count": 5388, "ocr_confidence": 0.727, "pagerank": { "raw": 8.079148341226875e-08, "percentile": 0.46697259183836587 }, "sha256": "83140fdeace7554cebc79b3f938ba6f460c760a5c1c5d0624a84bfa4937bf6a6", "simhash": "1:aa9a73ac63008485", "word_count": 847 }, "last_updated": "2023-07-14T18:04:13.341458+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. Eugene Lee Newbury, Defendant-Appellant." ], "opinions": [ { "text": "Mr. JUSTICE SEIDENFELD\ndelivered the opinion of the court:\nOn August 1, 1969, defendant was convicted of the offense of murder and upon the recommendation of the jury sentenced to death. He appealed to the Illinois Supreme Court which affirmed his conviction but remanded the case to the Circuit Court of Lake County with directions to conduct a new hearing in aggravation and mitigation and to re-sentence the defendant to a sentence other than death. People v. Newbury (1972), 53 Ill.2d 228.\nOn March 21,1973, the defendant was re-sentenced to a minimum term of 50 years and a maximum term of 150 years imprisonment. He appeals from this judgment, contending that the court committed reversible error in not ordering a fitness hearing on its own motion prior to re-sentencing; and, alternatively, that the sentence is excessive and should be reduced.\nDefendant\u2019s trial counsel, the public defender, did not request a hearing to determine defendant\u2019s fitness to be sentenced prior to the re-sentencing judgment entered below. (Ill. Rev. Stat. 1973, ch. 38, par. 1005 \u20142\u20141(a), (b).) But he contends that the court on its own motion should have ordered the hearing in the particular circumstances of the case.\nDefendant was found competent to stand trial in 1969. Defendant claims, however, that the trial court was in error in allegedly relying upon 3-year-old psychiatric reports as a basis for not questioning the defendant\u2019s fitness at the time of re-sentencing. Defendant relies on language quoted in Furman v. Georgia (1972), 408 U.S. 238, 288, 33 L.Ed.2d 346, 377-378, 92 S.Ct. 2726, 2751-2752, to the effect that awaiting execution in death row amounts to psychological torture which may lead to the onset of insanity. He reasons that this circumstance, coupled with what he characterizes as \u201capparent border-line insanity\u201d at the time of his original trial, provided a clear basis for questioning defendant\u2019s fitness to be re-sentenced.\nThe court denied defendant\u2019s petition to have three psychiatrists testify prior to re-sentencing, but did permit defendant to be examined by Dr. Millett, a psychiatrist, who had testified at the original trial that defendant was psychotic. Subsequently, defendant\u2019s counsel explained to the court that although he questioned defendant\u2019s fitness, the defendant had explicitly instructed him not to request a fitness hearing. For the same reason, counsel stated, that he did not introduce the report of Dr. MiUett\u2019s examination in the re-sentencing hearing. .\nThe circumstances that a defendant may possess a sociopathic personality and suffer from psychological and social disturbances, without more, are not sufficient to raise a bona fide doubt as to competency or fitness. See People v. McElroy (1970), 125 Ill.App.2d 237, 243.\nHere, the defendant, in 1989, was found competent to stand trial. There was no testimony introduced in the re-sentencing hearing to support defendant\u2019s present contention that he was unfit to be re-sentenced. There was no evidence, except for the fact of incarceration for a 3%-year period under a sentence of death, standing alone, that would place defendant\u2019s fitness between the time of the original finding of competency and the re-sentencing hearing in question. The trial court had ample opportunity to observe the defendant at the re-sentencing hearing. The court stated that he was unimpressed with what he considered obvious tactics by defendant to convince the court that he was now unfit, and concluded that he had \u201cno qualms about the defendant\u2019s mental fitness.\u201d On the record before us we are not justified in interfering with the court\u2019s exercise of discretion.\nThe defendant\u2019s alternative claim that the sentence of 50-150 years imprisonment is excessive is not persuasive. Defendant argues that he had led an exemplary life prior to committing this offense; was well educated, moderately religious, and had a seemingly bright future as a teacher. The defendant, however, murdered his fiancee under particularly horrible circumstances with no evidence which would tend to exculpate Mm aside from his unsuccessful defense of insamty at the original trial. See People v. Newbury (1972), 53 Ill.2d 228, 237.\nThe defendant refers to the Illinois Constitution, article 1, section 11, which provides that all penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizensMp. But the purpose of restoration is not to be given greater consideration than the seriousness of the offense in determining the penalty. People ex rel. Ward v. Moran (1973), 54 Ill.2d 552, 556-7.\nThe penalty imposed upon re-sentencing did not violate the spirit and purpose of the law and it was within the limits prescribed by the legislature. (Ill. Rev. Stat. 1973, ch. 110A, par. 615(b)(4); People v. Taylor (1965), 33 Ill.2d 417, 424.) We therefore affirm the re-sentencing judgment.\nAffirmed.\nT. MORAN, P. J., and RECHENMACHER, J., concur.", "type": "majority", "author": "Mr. JUSTICE SEIDENFELD" } ], "attorneys": [ "George Pease, Public Defender, of Waukegan (Michael J. Boyd, Assistant Public Defender, of counsel), for appellant.", "Jack Hoogasian, State\u2019s Attorney, of Waukegan (James W. Jerz, of Model District State\u2019s Attorneys Office, of counsel), for the People." ], "corrections": "", "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Eugene Lee Newbury, Defendant-Appellant.\n(No. 73-230;\nSecond District\nSeptember 9, 1974.\nGeorge Pease, Public Defender, of Waukegan (Michael J. Boyd, Assistant Public Defender, of counsel), for appellant.\nJack Hoogasian, State\u2019s Attorney, of Waukegan (James W. Jerz, of Model District State\u2019s Attorneys Office, of counsel), for the People." }, "file_name": "0001-01", "first_page_order": 23, "last_page_order": 25 }