119 Ill. App. 3d 252 - People v. Grayson’s Empirical Analysis

Citation profile

30 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The crux of this issue is that defendant's conduct in taking the liquor, standing alone, was not a felony under Illinois law for the value of the liquor was less than $150. It became a felony only because defendant had a prior conviction for the same offense. Since the 1979 conduct itself was not a felony it does not appear to fit within the legislative intent manifested by section 5-5-3.2(b). We consider that an extended term could have been imposed if the 1979 offense, exclusive of any other, had constituted a felony, and the earlier conviction had been of a felony at least as egregious. An extended term would have been permissible here, if, for example, the value of the liquor taken in 1979 had exceeded $150 so as to make its taking a felony. But it did not, and its taking became a felony under section 16-1(e) solely by reason of the 1978 felony conviction. To again use that 1978 felony conviction to trigger the court's authority to impose an extended term pursuant to section 5-5-3.2(b) is, in our judgment, incompatible with that section's requirement that the charges must be `separately brought and tried and arise out of different series of acts.' The logical interpretation of that language indicates an intent to severely punish a recidivist convicted of separate felonies within 10 years where the latest offense consisted of conduct which itself constituted a felony. Here, the 1979 conduct was a simple misdemeanor until the earlier conviction was added by allegation and ”

   1 later decision quote this exact passage · from the majority
   e.g. 243 Ill. App. 3d 875 - People v. Niemeyer

2. “"(b) the following factors may be considered by the court as reasons to impose an extended term sentence * * *: (1) When a defendant is convicted of any felony, after having been previously convicted in Illinois of the same or greater class felony, within 10 years, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts." Ill.Rev.Stat.1987, ch. 38, par. 1005-5-3.2(b). As noted, the trial court found defendant eligible for an extended-term sentence based upon defendant's 1980 aggravated battery conviction. It is undisputed that this conviction was obtained within 10 years prior to defendant's instant conviction. It is also undisputed that aggravated battery, like unlawful use of a weapon by a felon, is a Class 3 felony. (See Ill.Rev.Stat. 1987, ch. 38, pars. 12-4(e), 24-1.1(d).) Finally, there is no dispute that the instant conviction and the 1980 aggravated battery conviction stem from completely separate incidents and were tried separately. All of the requirements for imposing an extended term under section 5-5-3.2(b)(1) were thus satisfied in this case. Defendant nonetheless challenges the application of this provision in his case on the ground that it resulted in an impermissible "double enhancement."”

   1 later decision quote this exact passage · from the majority
   e.g. 151 Ill. 2d 79 - People v. Gonzalez