Legal Question in Criminal Law in Illinois

My husband was convicted of accountability first degree murder and sentenced to 30 years. He was only claimed to be the driver of a car his codefendant got out of and shot and killed someone. The shooter was found not guilty. On appeal he got a reverse and remand for new trial due to faulty jury instructions. During the new trial the shooter testified that my husband didn't know that he had a gun or knew what he was going to do when he got out of the car and started shooting. It should also be noted that the victim shot the shooter two weeks prior. My husband was found guilty again by a jury and this time the judge (a new judge) sentenced him to 47 years. I sit legal for a judge to sentence him to more time than he had the first time, when there was no new evidence or the elements of this case didn't change? Is this grounds for an appeal?


Asked on 10/26/12, 7:01 am

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

When a case is reversed on appeal and retried, the "new" judge cannot sentence your husband to more time than he was first sentenced to. What I can't figure out is how he was convicted the second time with testimony that he knew nothing of what the shooter was going to do. The law of accountability requires that the accused must know ahead of time of the shooter's plans. There is a ton of case law on this. Please call. We handle appeals as well as trialss.

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Answered on 10/26/12, 7:28 am


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