Legal Opinion

People v. Mischke

Appellate Court of Illinois

Decided July 30, 2018No. 2-16-0472UnpublishedCited by 4 opinions

1Opinion of the CourtJustice Birkett

¶ 1 Defendant, Donald J. Mischke Jr., appeals from the judgment of the circuit court of Lake County resentencing him upon remand to consecutive terms of 26 years and 7 years in prison. Because the trial court did not abuse its discretion in resentencing defendant, we affirm.

¶ 2 I. BACKGROUND

¶ 3 Following a bench trial, defendant was found guilty of, among other things, one count of first-degree murder ( 720 ILCS 5/9-1(a)(3) (West 2010) ) and one count of aggravated driving while under the influence (DUI) with cocaine in his urine ( 625 ILCS 5/11-501(a)(6), (d)(1)(A) (West 2010) ). The charges…

2Cases cited12 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. People v. NichollsIllinois Supreme Court · 1978
  3. People v. StreitIllinois Supreme Court · 1991
  4. People v. StaceyIllinois Supreme Court · 2000
  5. People v. CarneyIllinois Supreme Court · 2001

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. WheelerAppellate Court of Illinois · 2019
  2. People v. MischkeAppellate Court of Illinois · 2018
  3. People v. WheelerAppellate Court of Illinois · 2019
  4. People v. ReberAppellate Court of Illinois · 2019

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