Docket No. 107807.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v.
JONATHAN BURNETT, Appellant.
Opinion filed March 18, 2010.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Burke concurred in the judgment and opinion.
Following a bench trial in the circuit court of Cook County,
defendant, Jonathan Burnett, was convicted of burglary (720 ILCS
5/19–1(a) (West 2004)) and possession of burglary tools (720 ILCS
5/19–2(a) (West 2004)). He was sentenced to concurrent prison terms
of 10 and 3 years, respectively. Defense counsel subsequently filed a
motion to reconsider sentence, which the circuit court denied, without
a hearing, when defense counsel failed to appear on the appointed
date. On appeal, defendant argued, inter alia, that (1) his sentence
was excessive; (2) defense counsel was ineffective in the preparation
of his motion to reconsider sentence and in failing to appear for a
hearing on same; and (3) defendant was denied due process when the
circuit court ruled upon his motion to reconsider in the absence of
defendant and counsel. The appellate court rejected those contentions.