People v. Fern

The issue in this appeal is whether the propriety of a criminal sentence may be judged by comparing it to the sentences imposed on defendants in other cases. We hold that the excessiveness of a sentence may not be determined from a consideration of the sentences imposed on defendants in separate, unrelated cases.

FACTS

Defendant, Jay Harry Fern, was charged in the circuit court of McHenry County with the unlawful delivery of 250 grams of cocaine. Ill. Rev. Stat. 1987, ch. SGVs, par. 1401(a)(2). This offense carried a sentencing range of 9 to 40 years’ imprisonment. Ill. Rev. Stat. 1987, ch.…