People v. Milash

State: Illinois

Court: 2nd District Appellate

Docket No: 2-00-1074 Rel

Case Date: 04/25/2002

No. 2--00--1074

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

Plaintiff-Appellee,

LEONARD P. MILASH,

Defendant-Appellant.

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Appeal from the Circuit Court
of Du Page County.

No. 99--CF--714

Honorable
George J. Bakalis,
Judge, Presiding.

JUSTICE CALLUM delivered the opinion of the court:

Following a jury trial, defendant, Leonard P. Milash, wasconvicted of first-degree murder (720 ILCS 5/9--1(a)(1) (West1998)) and aggravated battery of a child (720 ILCS 5/12--4.3(a)(West 1998)). The trial court sentenced him to consecutive prisonterms of 60 years for the murder and 20 years for the battery. Defendant appeals, arguing that (1) his sentences are excessive;and (2) the penalty for aggravated battery of a child, whencompared to that for aggravated battery of an unborn child (720ILCS 5/12--4.4(a) (West 1998)), violates the proportionate-penalties clause of the Illinois Constitution (Ill. Const. 1970,art. I,