{
  "id": 2864879,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Sandford K. Whitlow, Defendant-Appellant",
  "name_abbreviation": "People v. Whitlow",
  "decision_date": "1975-03-28",
  "docket_number": "No. 73-416",
  "first_page": "285",
  "last_page": "286",
  "citations": [
    {
      "type": "official",
      "cite": "27 Ill. App. 3d 285"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 189,
    "char_count": 2338,
    "ocr_confidence": 0.762,
    "sha256": "804b9a3a0871284da6331e3f7109b7f4d175897dcead0e4812f728ad2c5ba4b2",
    "simhash": "1:a928babc90cea5d7",
    "word_count": 396
  },
  "last_updated": "2023-07-14T15:22:05.356803+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. Sandford K. Whitlow, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE GEORGE J. MORAN\ndelivered the opinion of the court:\nDefendant appeals from a judgment of the circuit court of St. Clair County sentencing him to a minimum of 2 years and a maximum of 6 years in the penitentiary after his plea of guilty to the crime of forgery.\nHe contends that his sentence was excessive and should be reduced to a minimum of 1 year and a maximum of 3 years.\nForgery is a Class 3 felony and the Unified Code of Corrections specifically provides that \u201cfor a Class 3 felony, the minimum term shall be 1 year unless the court, having regard to the nature and circumstances of the offense and the history and character of the defendant sets a higher minimum term, which shall not be greater than one-third of the maximum term set in that case by the court;\u201d Ill. Rev. Stat. 1973, ch. 38, par. 1005-8 \u2014 1(c)(4).\nIt is therefore obvious that a minimum term of 1 year for a Class 3 felony is mandated under section 5 \u2014 8\u20141(c)(4) unless- the court sets a higher minimum after considering the nature and circumstances of the offense and the history and character of the defendant. The Council Commentary explaining the purpose and intent of this section states:\n\u201cThe Judge is .required- to take regard of the nature and circumstances of the offense and the history and character of the defendant before setting minimum terms above the norms established by the Legislature in the statute.\u201d Ill. Ann. Stat., ch. 38, \u00a71005\u2014 8 \u2014 1, Council Commentary ( Smith-Hurd, 1973).\nThe record indicates that the defendant was on probation for the crimes of burglary and forgery at the time of the .commission of this offense. He also' had an extensive history of drug addiction. The record further reflects that the trial court properly took the defendant\u2019s background into consideration in imposing the sentence.\nIn our opinion, the sentence of the trial court was justified by the record.\nJudgment affirmed.\nEBERSPACHER and CARTER, JJ., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE GEORGE J. MORAN"
      }
    ],
    "attorneys": [
      "Robert E. Farrell and Allen L. Wiederer, both of State Appellate Defender\u2019s Office, of Mount Vernon, for appellant.",
      "Robert H. Rice, State\u2019s Attorney, of Belleville (Philip G. Feder, Assistant State\u2019s Attorney, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Sandford K. Whitlow, Defendant-Appellant.\n(No. 73-416;\nFifth District\nMarch 28, 1975.\nRobert E. Farrell and Allen L. Wiederer, both of State Appellate Defender\u2019s Office, of Mount Vernon, for appellant.\nRobert H. Rice, State\u2019s Attorney, of Belleville (Philip G. Feder, Assistant State\u2019s Attorney, of counsel), for the People."
  },
  "file_name": "0285-01",
  "first_page_order": 311,
  "last_page_order": 312
}