People v. Odom
| Decision Date | 27 October 1972 |
| Docket Number | No. 71--147,71--147 |
| Citation | 289 N.E.2d 663,8 Ill.App.3d 227 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Henry ODOM, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Page 663
v.
Henry ODOM, Defendant-Appellant.
Page 664
Roger M. Scrivener, Cohn, Korein, Kunin & Brennan, East St. Louis, for defendant-appellant.
Robert H. Rice, State's Atty., Belleville, for plaintiff-appellee.
PER CURIAM:
Defendant herein was convicted of the crime of rape and burglary in the Circuit Court of St. Clair County, and was sentenced to 25 to 50 years. This Court affirmed the conviction but vacated the sentence and remanded the cause to the Circuit Court for a hearing in aggravation and mitigation. After a hearing in aggravation [8 Ill.App.3d 228] and mitigation, the same trial judge again imposed a sentence of 25 to 50 years. The sole issue presented by this appeal is whether the sentence thus imposed was excessive.
This Court has held in the past that the purposes of sentencing are to provide adequate punishment for the offense, safeguard society from further offenses, and to rehabilitate the offender into a useful member of society. People v. Lillie, 79 Ill.App.2d 174, 223 N.E.2d 716 (1967). Adequacy of punishment should determine the minimum sentence and the length of time needed to achieve rehabilitation should determine the maximum. People v. Helms, Ill.App., 272 N.E.2d 228 (1971). Among the factors which should be considered in reviewing a sentence are the family relationship of defendant, past employment, the likelihood of rehabilitation, and his conduct during incarceration before sentencing. People v. Rockwell, 1 Ill.App.3d 878, 275 N.E.2d 191 (1971); People v. Hogue, 1 Ill.App.3d 881, 275 N.E.2d 193 (1971); People v. Walker, 4 Ill.App.3d 294, 280 N.E.2d 726 (1972). In this regard it should be noted that testimony at the hearing in aggravation and mitigation revealed that defendant has no previous record of convictions. Although divorced from his wife, he had continued to support her and their five children voluntarily without being ordered to do so by the court granting the divorce. He spent ten years in service culminating with an honorable discharge. Since incarceration in the penitentiary he has been active in the music department and is now the Assistant Director of the choir.
Page 665
It thus appears that defendant has exhibited a positive attitude and should be a proper candidate for parole sometime in the future. However, excessive sentences may...
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