People v. Birge
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Birge was convicted of burglary and arson, both Class 2 felonies carrying mandatory class X sentencing based on his criminal history, 730 ILCS 5/5-4.5-95(b). The Livingston County circuit court sentenced Birge to 24 years and 6 months’ imprisonment and to pay the victim $117,230 in restitution.
The Illinois Supreme Court affirmed the convictions but vacated Birge’s sentence. In admonishing the jury under Rule 431(b) the trial court properly grouped the principles of presumption of innocence, reasonable doubt, the state’s burden of proof, and the defendant’s right to not testify into one broad statement of law. The prospective jurors expressed their understanding and acceptance of the principles by a show of hands; nothing suggests that the jurors were confused by the court’s presentation and the defense counsel asked follow-up questions. The restitution order, however, lacked a sufficient evidentiary basis for the amount imposed (730 ILCS 5/5- 5-6(f). The trial court must determine the amount of restitution based on such factors as “actual out-of-pocket expenses, losses, [and] damages.
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