People v. Rupert

I agree with my colleagues that the circuit court’s order of restitution cannot stand in its present form since monthly payments of $200 will not result in the restitution of $12,730.46 within the period permitted by the sentencing court’s order. Obviously, the sentencing order must be corrected. I part company with my colleagues’ disposition of the appeal thereafter.

The circuit court is in the proper position to determine the appropriate sentence to be imposed upon a convicted defendant. (People v. Edwards (1985), 135 Ill. App. 3d 671, 482 N.E.2d 137.) It is a rare exception, rather than the…