People v. Milash
Case Date: 04/25/2002
Court: 2nd District Appellate
Docket No: 2-00-1074 Rel
JUSTICE CALLUM delivered the opinion of the court: Following a jury trial, defendant, Leonard P. Milash, wasconvicted of first-degree murder (720 ILCS 5/9--1(a)(1) (West1998)) and aggravated battery of a child (720 ILCS 5/12--4.3(a)(West 1998)). The trial court sentenced him to consecutive prisonterms of 60 years for the murder and 20 years for the battery. Defendant appeals, arguing that (1) his sentences are excessive;and (2) the penalty for aggravated battery of a child, whencompared to that for aggravated battery of an unborn child (720ILCS 5/12--4.4(a) (West 1998)), violates the proportionate-penalties clause of the Illinois Constitution (Ill. Const. 1970,art. I, |