People v. Newell

In People v. Newell, 196 Ill. App. 3d 373, 553 N.E.2d 722, 143 Ill. Dec. 15 (1990), the defendant was with a group of people who chartered a limousine and murdered the driver. The defendant was sentenced to 60 years' imprisonment, but the appellate court reduced the sentence to 30 years. The first expressed rationale the appellate court offered for reducing the sentence was that the nature and circumstances of the offense did not justify the penalty. The court summarized the point as follows: "In the instant case, the defendant was amongst a group of people involved in a shooting, another member of the group brought the gun used in the shooting, and the defendant has repeatedly stated that he did not know a member of the group carried a gun the day of the murder. Taken in its proper context, we believe the defendant's actions do not compare to a calculated, premeditated murderer." Newell, 196 Ill. App. 3d at 383. The court also noted that the defendant's age (he was 17 at the time of the offense) was an indicator of rehabilitative potential. Newell, 196 Ill. App. 3d at 383.