{
  "id": 2504219,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Sammie White, Defendant-Appellant",
  "name_abbreviation": "People v. White",
  "decision_date": "1974-10-24",
  "docket_number": "No. 12627",
  "first_page": "225",
  "last_page": "226",
  "citations": [
    {
      "type": "official",
      "cite": "23 Ill. App. 3d 225"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "251 N.E.2d 239",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "43 Ill.2d 182",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2844380
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/43/0182-01"
      ]
    },
    {
      "cite": "243 N.E. 2d 225",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "41 Ill.2d 364",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2853826
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/41/0364-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 208,
    "char_count": 2437,
    "ocr_confidence": 0.774,
    "pagerank": {
      "raw": 8.41186757842258e-08,
      "percentile": 0.48293414017574
    },
    "sha256": "79953b006e2fc8aba43c2c81f0b21e0422bfe2cda7392576e12419a66ee978a0",
    "simhash": "1:b183d5c730d67a22",
    "word_count": 379
  },
  "last_updated": "2023-07-14T18:19:43.775116+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. Sammie White, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE TRAPP\ndelivered the opinion of the court:\nThis appeal raises, as its single issue, the contention that the maximum in a sentence of 1 to 20 years is excessive.\nDefendant was charged with the offense of escape, a Class 2 felony. (Ill. Rev. Stat. 1973, ch. 38, par. 31 \u2014 6(a).) For such offense the statute provides a minimum of 1 year and a maximum not to exceed 20 years. Ill. Rev. Stat. 1973, ch. 38, par. 1005 \u2014 8\u20141(b) (3).\nDefendant\u2019s plea followed negotiations between counsel. In open court defendant agreed that the sentence imposed was that which had been negotiated. He waived presentence investigation, presentence report and sentence hearing.\nIn argument defendant agrees that the minimum sentence determines parole eligibility, but urges:\n\u201c[I]t is not unlikely that one of the factors considered by corrections authorities in determining the rehabilitation potential of the defendant is the grievousness of the offense, as measured by the court\u2019s determination of the maximum period of incarceration warranted.\u201d\nNo authority, other data or experience supports such tentative and speculative conclusions.\nIt is further urged that such maximum sentence is so excessive that it may inhibit the defendant\u2019s rehabilitation potential. Since his parole eligibility is determined by the maximum sentence, we reach the contrary conclusion that the sentence imposed provides the greatest possible spectrum for the determination of the rehabilitation of the defendant.\nThe burden is on defendant to make a substantial showing which justifies reduction of sentence. (People v. Nelson, 41 Ill.2d 364, 243 N.E. 2d 225; People v. Fuca, 43 Ill.2d 182, 251 N.E.2d 239.) Defendant\u2019s waiver of pre-sentence report and sentence hearing provides no basis but argument for determining that the maximum is harsh. There is no challenge to the fact that the plea was freely negotiated and was voluntarily and intelligently entered.\nThe judgment is affirmed.\nAffirmed.\nSMITH, P. J., and CRAVEN, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE TRAPP"
      }
    ],
    "attorneys": [
      "John F. McNichols and John L. Swartz, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "C. Joseph Cavanagh, State\u2019s Attorney, of Springfield (Walter F. Farrand, Assistant State\u2019s Attorney, of counsel, assisted by Terry Lee Fields, Senior Law Student), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Sammie White, Defendant-Appellant.\n(No. 12627;\nFourth District\nOctober 24, 1974.\nJohn F. McNichols and John L. Swartz, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nC. Joseph Cavanagh, State\u2019s Attorney, of Springfield (Walter F. Farrand, Assistant State\u2019s Attorney, of counsel, assisted by Terry Lee Fields, Senior Law Student), for the People."
  },
  "file_name": "0225-01",
  "first_page_order": 249,
  "last_page_order": 250
}