People v. Rosa

JUSTICE UNVERZAGT,

dissenting:

I concur with the majority with regard to the resolutions of the issues presented except for the sentencing issue. I dissent from the majority’s reduction of sentence to concurrent terms of 12 years’ imprisonment.

In my view, the sentencing issue has been waived by the defendant’s failure to raise it in the trial court through a post-trial motion or a motion for reduction of sentence as permitted under section 5 — 8— 1(c) of the Unified Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. 1005—8—1(c)). It is well recognized in criminal cases that failure to raise objections in the trial court and preserve claimed error in a post-trial motion will preclude the raising of such issues on appeal. (People v. Jackson (1981), 84 Ill. 2d 350.) The purpose of this rule is to afford the trial court an opportunity to correct its errors, thus avoiding the delay and expense of unnecessary appeals. (84 Ill. 2d 350, 358-59.) The rule applies equally to alleged improprieties in sentencing procedures. People v. Davis (1982), 93 Ill. 2d 155; People v. Taylor (1980), 82 Ill. App. 3d 1075; People v. Baseer (1980), 90 Ill. App. 3d 866.

Even if the sentencing issue is not waived, which I believe it is, I would not reduce the sentence as the majority does. First, the sentence is not reviewable as “plain error” under Supreme Court Rule 615(a) (87 Ill. 2d R. 615(a)), and second, the trial judge did not abuse his sentencing discretion. People v. La Pointe (1981), 88 Ill. 2d 482; People v. Cox (1980), 82 Ill. 2d 268; People v. Perruquet (1977), 68 Ill. 2d 149,154.

The defendant did have a prior criminal history of misdemeanors. The trial court chose to disregard these. However, the trial court in its summing up did take into account the fact that in fleeing, the defendant drove the van in heavy traffic at speeds up to 70 miles per hour while being pursued by police with Mars lights flashing, thus endangering the lives of many innocent drivers on Route 41. On balance, I do not believe the trial court abused its discretion in this matter and I would affirm the conviction and sentence of the circuit court of Lake County, Illinois.

I therefore dissent from the majority opinion.