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People v. Lutz
Citations: 17 Ill. App. 3d 1001; 309 N.E.2d 98; 1974 Ill. App. LEXIS 3110Docket: No. 72-256
Court: Appellate Court of Illinois; March 19, 1974; Illinois; State Appellate Court
Defendants, Mr. Jeffrey Stanley and Ms. Janet Lutz, were indicted and pled guilty to burglary, receiving three years of probation. A petition for revocation led to a joint hearing, where their probation was revoked. Lutz was sentenced to 2-8 years in the Illinois State Reformatory for women, while Stanley received a 3-12 year sentence in the penitentiary. Both defendants appealed, claiming their sentences were excessive and sought a summary modification of their sentences. Additionally, Lutz contended she was denied a fair revocation hearing due to a conflict of interest, as her court-appointed counsel also represented Stanley, whose interests were allegedly antagonistic. The court found no merit in Lutz's claim, stating the co-defendants' positions were not inconsistent, as they were apprehended together after stealing a car, with both admitting their roles during testimony. The court noted that Lutz's argument regarding the police officer’s hearsay testimony was unfounded, as the evidence presented was clear and cumulative. The defense strategy aimed to highlight their shared alcohol problems to seek treatment instead of incarceration, which aligned their positions, contrary to Lutz’s assertions. In addressing the excessive sentence claims, the court acknowledged the defendants’ alcoholism and confirmed the sentencing judge was aware of these issues. The judge considered their potential for rehabilitation and the necessity of willingness to engage in treatment, ultimately concluding that the defendants lacked this motivation. The court emphasized that sentence adjustments by reviewing courts should be approached cautiously and only when a sentence is evidently excessive. Given the serious nature of the defendants’ probation violations shortly after sentencing, the court upheld the sentences. Sentences for defendants Stanley and Lutz are justified due to Stanley’s more direct involvement in the burglary and his significant criminal history. The court finds that the sentences are neither excessive nor unjustified, aligning with the Unified Code of Corrections, which does not support a reduction to 1-3 years. The imposition of greater than minimum sentences does not warrant a remand for re-sentencing. Defendants are entitled to credit for time served on probation against their prison sentences. The State argues that the Unified Code does not apply, but the practical effect of crediting time served on probation results in shorter actual incarceration. The mittimus must be corrected to reflect this credit. While Stanley is not considered for parole, Lutz is, and crediting her sentence could affect her parole time and mandatory release date. The convictions are affirmed, and the case is remanded to amend the mittimus accordingly. The court also notes the Department of Corrections has the authority to provide medical and psychological treatment for alcoholism through various programs if deemed appropriate.