Increasing Prison Sentence After Defendant Filed a Motion to Reconsider
In People v. Kilpatrick, 167 Ill. 2d 439, 657 N.E.2d 1005, 212 Ill. Dec. 660 (1995), the trial court sentenced the defendant to six years' imprisonment for home invasion and nine years' imprisonment for attempted murder, to run consecutively. Kilpatrick, 167 Ill. 2d at 441.
After being sentenced, the defendant filed a motion to reconsider, which the trial court granted.
The court resentenced the defendant to a single 15-year sentence for both offenses. Kilpatrick, 167 Ill. 2d at 441.
On appeal, the supreme court held that the trial court, in resentencing the defendant, impermissibly increased the defendant's sentences in violation of section 5-8-1(c) of the Code. Kilpatrick, 167 Ill. 2d at 446-47.