People v. Saldivar

In People v. Saldivar, 113 Ill. 2d 256, 269, 497 N.E.2d 1138, 100 Ill. Dec. 776 (1986), the supreme court held that the trial court considered an improper factor in aggravation. Saldivar, 113 Ill. 2d at 272. In Saldivar, at the close of the sentencing hearing and prior to the pronouncement of the sentence, the State emphasized that the defendant, who was being tried for voluntary manslaughter, had killed the victim. The defendant's attorney interjected, stating that, by definition, voluntary manslaughter involves a death. Nevertheless, the trial court mentioned as an aggravating factor the fact that the defendant caused terrible harm to the victim, i.e., death. Saldivar, 113 Ill. 2d at 264. In Saldivar, the supreme court did not remand the case even though it was apparent that the trial court placed undue weight on the improper factor. Saldivar, 113 Ill. 2d at 272. Instead, the Saldivar court exercised its authority under Supreme Court Rule 615(b)(4) (87 Ill. 2d R. 615(b)(4)) to reduce the defendant's sentence to four years, the minimum period of incarceration under the statute. Saldivar, 113 Ill. 2d at 272.