People v. Martin

The majority found that the trial court considered improper factors in sentencing defendant and remanded the cause to the circuit court for resentencing. As noticed in the opinion, the question of considering an improper factor in aggravation was not properly raised in the trial court. The opinion, however, avoided the waiver rule that is usually invoked because of such failure by applying the plain error doctrine. The opinion never addressed another waiver principle which the State asserted, that is, that the defendant never raised the issue upon which the remandment is based in the…