People v. Hammond

State: Illinois

Court: 4th District Appellate

Docket No: 4-08-0651, 4-08-0652, 4-09-0214 Cons.

Case Date: 02/22/2010

Preview:Filed: 12-21-09 Modified: 2-22-10

NOS. 4-08-0651, 4-08-0652, 4-09-0214 cons. IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Plaintiff-Appellant, ) v. (No. 4-08-0651) ) CASEY L. HAMMOND, ) Defendant-Appellee. ) --------------------------------------------------------------- ) THE PEOPLE OF THE STATE OF ILLINOIS, ) Plaintiff-Appellant, ) v. (No. 4-08-0652) ) CHRISTOPHER L. GAITHER, ) Defendant-Appellee. ) --------------------------------------------------------------- ) THE PEOPLE OF THE STATE OF ILLINOIS, ) Plaintiff-Appellant, ) v. (No. 4-09-0214) ) KELLY A. DONAHUE, ) Defendant-Appellee. )

Appeal from Circuit Court of Livingston County No. 06CF50 No. 05CF289

No. 07CF134 Honorable Jennifer H. Bauknecht, Judge Presiding.

JUSTICE APPLETON delivered the opinion of the court: In three cases, People v. Hammond, No. 06-CF-50 (Cir. Ct. Livingston Co.); People v. Gaither, No. 05-CF-289 (Cir. Ct. Livingston Co.); and People v. Donahue, No. 07-CF-134 (Cir. Ct. Livingston County), the State petitioned for the revocation of probation. Defendants, Casey L. Hammond, Christopher L. Gaither, and Kelly A. Donahue, moved for dismissal of the petitions on the authority of section 5-6-4(i) of the Unified Code of Corrections (Code) (730 ILCS 5/5-6-4(i) (West 2008)), which establishes the alternative of intermediate sanctions as a way of avoiding a potential revocation of probation for technical, or nonfelonious, violations of the conditions of probation. The trial court granted the motions because defendants had accepted and

completed the sanctions their probation officers had proposed. The State appeals in all three cases, and we have consolidated the appeals because they present the same question: whether section 5-6-4(i) violates the doctrine of separation of powers (Ill. Const. 1970, art. II,

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