People v. Harris

JUSTICE COOK,

specially concurring:

I concur in the decision to vacate and remand for a new sentencing hearing. I suggest, however, that the trial court, in the circumstances of this case, may not increase defendant’s total sentence from 15 to 18 years.

A reviewing court does not have the power to increase the punishment imposed by the trial court. See 134 Ill. 2d R. 615(b). A trial court may reduce a sentence within 30 days after the sentence is imposed, but the court may not increase a sentence once it is imposed. 730 ILCS 5/5 — 8—1(c) (West 2002). Where a conviction has been set aside on…