{
  "id": 173544,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RONALD McGRUDER, Defendant-Appellant",
  "name_abbreviation": "People v. McGruder",
  "decision_date": "1999-09-30",
  "docket_number": "No. 3-98-0296",
  "first_page": "970",
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  "last_updated": "2023-07-14T21:00:41.446378+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. RONALD McGRUDER, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE HOLDRIDGE\ndelivered the opinion of the court:\nThe defendant, Ronald McGruder, was convicted of attempted first degree murder (720 ILCS 5/8 \u2014 4(a), 9 \u2014 1 (West 1996)). He was sentenced to 15 years in prison and ordered to pay restitution to the victim in the amount of $249,326.72. On appeal, the defendant maintains that his prison sentence is excessive and the amount of restitution unreasonable. We affirm.\nOn the night of August 7, 1997, the defendant was at a party with some friends. They were gambling. The defendant\u2019s luck was apparently not as good as he would have liked, and he walked out of the house threatening to \u201ckick the first white guy\u2019s ass\u201d he saw. Unfortunately for the victim, he was the first white person seen by the defendant. The defendant beat the victim with a board until the victim was near death. At the time of the defendant\u2019s trial, the victim could not talk or use his arms or legs. By the sentencing hearing, he could move his right side and feed himself and he was able to recognize people. However, he still could not stand on his own and could not talk. His medical bills totaled $249,326.72.\nThe defendant argues that the trial judge abused his discretion in setting the length of his prison term and the amount of restitution. However, he failed to file a motion to reconsider his sentence. By failing to file a postsentencing motion, the defendant has waived all claims of error that might have arisen from his sentencing. People v. Reed, 177 Ill. 2d 389, 686 N.E.2d 584 (1997). Once a claim has been waived, this court can reverse only if there was plain error. 134 Ill. 2d R. 615(a). Plain error is defined as error of such magnitude that it denied the defendant a fair trial or error in a trial where the evidence is closely balanced. People v. Whitehead, 116 Ill. 2d 425, 508 N.E.2d 687 (1987).\nIn the instant case, the defendant maintains that the trial court failed to consider the evidence in mitigation, including the defendant\u2019s age and lack of significant criminal history. It is abundantly clear to this court that the trial judge did consider these mitigating factors. How else can one describe the leniency which led the judge to impose a 15-year sentence upon the defendant when the defendant\u2019s attempt to commit first degree murder was so completely unprovoked and so nearly successful? We find no plain error in the defendant\u2019s sentence of imprisonment.\nIn addition, we note that the purpose of restitution is to compensate crime victims for all of the injuries they suffered at the hands of the defendant and to make the defendant pay all the costs of his crime. People v. Lowe, 153 Ill. 2d 195, 606 N.E.2d 1167 (1992). In setting the amount of restitution, the trial court should focus on the victim and attempt to spare him the additional expense, stress and delay of a civil suit. Lowe, 153 Ill. 2d 195, 606 N.E.2d 1167. Here, the trial judge did exactly as the legislature contemplated when it enacted law allowing the court to impose restitution. We cannot say that this constituted plain error.\nThe judgment of the circuit court of Knox County is affirmed.\nAffirmed.\nLYTTON and HOMER, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE HOLDRIDGE"
      }
    ],
    "attorneys": [
      "Carrie B. Marche, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Paul Mangieri, State\u2019s Attorney, of Galesburg (John X. Breslin and John Wood, both 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. RONALD McGRUDER, Defendant-Appellant.\nThird District\nNo. 3\u201498\u20140296\nOpinion filed September 30, 1999.\nCarrie B. Marche, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nPaul Mangieri, State\u2019s Attorney, of Galesburg (John X. Breslin and John Wood, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0970-01",
  "first_page_order": 988,
  "last_page_order": 990
}