People v Marcus Johnson 4-16-0853

People v. Marcus Johnson, 2017 IL App (4th) 160853 (October 19, 2017)

JURISDICTION The Fourth District ruled the trial court had jurisdiction to reconsider the denial of defendant's motion to reconsider sentence within 30 days, even though the trial court did so after defendant filed a notice of appeal, where the trial court acted only after the appellate court dismissed the appeal and the mandate was filed in the circuit court. The Fourth District rejected the State's reliance on the combination of rules that the filing of a notice of appeal divests the circuit court of jurisdiction and that the circuit court's jurisdiction is not revived unless the case is remanded to it by the appellate court. Here, the mandate had simply dismissed the appeal and did not explicitly remand the case back to the circuit court.

SENTENCING The Fourth District concluded that the trial court properly considered the nature and circumstances of the offense and did not consider an inherent factor in aggravation. Defendant's offense was aggravated robbery, and the trial court had remarked about how defendant had pointed an apparent gun at the victim's forehead.