People v. Carlyle

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Following a bench trial, defendant was convicted of possession of a stolen motor vehicle and sentenced to three years’ imprisonment. (Ill. Rev. Stat. 1985, ch. 95½, par. 4 — 103(b).) On appeal, he contends that (1) he was denied a fair trial by repeated references to his arrest record; and (2) the sentence imposed is arbitrary and capricious because the more serious offense of theft of a motor vehicle (Ill. Rev. Stat. 1985, ch. 38, par. 16 — 1(e)) carries a lesser penalty.

Police officer Fleming testified that he and his partner were…