People v. Killen

Following a jury trial, the defendant, Jacob Killen, was convicted of robbery (Ill. Rev. Stat. 1979, ch. 38, par. 18 — 1), attempt rape (Ill. Rev. Stat. 1979, ch. 38, par. 8 — 4), and deviate sexual assault (Ill. Rev. Stat. 1979, ch. 38, par. 11 — 3). Defendant was sentenced to a term of 7 years for robbery, 15 years for attempt rape, and 30 years for deviate sexual assault. He now appeals his sentence, contending that the trial court abused its discretion in sentencing him to 30 years’ imprisonment for deviate sexual assault. For the reasons enunciated below, we vacate defendant’s sentence…