People v. Berry

Defendant, Manuel V. Berry, was convicted, following a jury trial in the circuit court of Franklin County of five counts of unlawful delivery of a controlled substance. Defendant was sentenced to four years on one count of delivery of cocaine, and five years on each of four counts of delivery of heroin. The sentences were made consecutive, for a total of 24 years in the Department of Corrections and the defendant was fined $5,000 on each count. On appeal, this court vacated the defendant’s sentences on the basis that the trial court had placed great emphasis on the improper aggravating factor…