Criminal procedure — right to trial, retribution claim

Posted February 6, 2019 3:37 PM

Where the defendant alleges that he was punished by the court with an excessive sentence for exercising his right to stand trial, it is not sufficient to demonstrate that the sentence he received be longer than that offered during plea negotiations: It must either be “outrageously” longer or there must be some statement by the trial court indicating that the sentence length is a result of the defendant choosing to exercise that right.The 1st District Appellate Court affirmed the decision of Cook County …

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