People v. Benda

I fully agree with the majority’s conclusion that a one-year jail term cannot be lawfully imposed as a condition of life probation. However, I would simply vacate the illegal sentence and not remand the case to the trial court for reconsideration of defendant’s entire sentence.

While there are several cases in which this Court and the Supreme Court have ordered a remand after finding a condition of probation to be unlawful, I do not believe that such a result is the only appropriate remedy. In other cases, this Court has simply vacated the illegal condition. See, e.g., People v Higgins, 22…