People v. Fern

JUSTICE RATHJE,

also dissenting:

The majority brushes aside defendant’s argument because it “runs the risk of erroneous conclusions.” While the defendant’s argument merely runs the risk of erroneous conclusions, the majority’s approach assures them. The majority’s approach to this case is to respond to an argument that was never made. When the dust has settled from the wake of the majority opinion, trial courts are left without discretion to determine what evidence is relevant at a sentencing hearing, and the appellate court has been forbidden from considering certain cases in reviewing…