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People v. Caban

Case Date: 01/12/2001
Court: 1st District Appellate
Docket No: 1-99-1136 Rel

SIXTH DIVISION

January 12, 2001

No. 1-99-1136

THE PEOPLE OF THE STATE OF ILLINOIS,)Appeal from the
)Circuit Court of
Plaintiff-Appellee,)Cook County.
)
v.)No. 97 CR 01085
)
FELIX CABAN, JR.,)The Honorable
)Thomas R. Sumner,
Defendant-Appellant.)Presiding Judge.

JUSTICE BUCKLEY delivered the opinion of the court:

In December 1996, a grand jury indicted defendant Felix Caban,Jr., for first degree murder. In October 1998, pursuant to a pleaagreement, the trial court sentenced defendant to 52 years'imprisonment. Two days later, the State moved to vacate the pleaand sentence, arguing that defendant's sentence did not conform tostatutory guidelines set forth in section 5-8-1(a)(1)(c)(ii) of theUnified Code of Corrections (Code of Corrections) (730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 1998)). The trial court granted the State'smotion. Defendant then filed a motion to dismiss, arguing thattrial would subject defendant to double jeopardy (U.S. Const.,amend. V; Ill. Const. 1970, art. I,