People v. Gancarz

In People v. Gancarz, 369 Ill. App. 3d 154, 859 N.E.2d 1127, 307 Ill. Dec. 450 (2006), aff d in part & rev'd in part on other grounds, 228 Ill. 2d 312, 888 N.E.2d 48, 320 Ill. Dec. 831 (2008), which involved different offenses than what we are faced with here, the appellate court found that the felony with the lower classification was actually the more serious offense. See Gancarz, 369 Ill. App. 3d at 179-80, 859 N.E.2d at 1151. In reaching that conclusion, the appellate court cited the commonsense rule from People v. Lee, which stresses the importance of focusing on the potential punishment available for each crime in determining which crime is the more serious offense. See Gancarz, 369 Ill. App. 3d at 180, 859 N.E.2d at 1151, citing Lee, 213 Ill. 2d at 228, 821 N.E. 2d at 313. After setting forth the rule in Lee, the appellate court in Gancarz added its own interpretation to that rule, stating that the focus of the inquiry should be on the maximum sentence available for each offense, not the classification attached. See Gancarz, 369 Ill. App. 3d at 180, 859 N.E.2d at 1151. No authority is provided in support of that statement. See Gancarz, 369 Ill. App. 3d at 180, 859 N.E.2d at 1151.