On Tuesday, a subgroup of the Illinois Court of Appeals maintained a 10-year imprisonment for an addicted homeless man who took $33 of underwear from the family dollar store in 2015.
Appeals judge Terrence Lavin wrote for himself and the appeal judge, Mary Anne Mason, who said that the Court of Appeal’s job was not to replace his decision with the trial judge’s decision. In this case, Circuit Judge Mary Margaret Brosnahan sentenced the accused David Lundy to a stern sentence, which had already been convicted 10 times.
However, Appellant Judge Michael B. Hyman wrote, “There are countless difficulties for his economic status (poverty), disease (drug addiction) and conditions (homelessness). Not for his conviction.”
Hayman pointed out that more than 22 years ago, Lundy committed the most serious crimes, robbing and aggravating the battery, causing enormous physical harm. “Since then, Lundy has been convicted of drug crimes and theft,” he wrote. “No violent crime.”
His dissent quoted the words of former South African President Nelson Mandela. “A country should not judge how it treats its highest citizen, but should target its lowest citizen.”
Most people and dissidents do not agree with the seriousness of the crime. Lundy walked into the store, walked into the underwear, and began to stuff it into loose pants and jackets. When the store employee Patricia Parker came over to confront him, he took out a knife and warned her to take a step back.
When he left the store and the employee tried to take back the goods, Lundy told them “I want to kill you”, plus a nickname, “Hold this knife.”
Then he left the store, was arrested by the police, and the store staff marked it. The police found three T-shirts and a pair of underwear and a red knife in Lundy’s trouser pocket.
But Hayman wrote, “Most people think Lundy is dangerous – betraying the facts. On the contrary, the testimony of the two clerk describes a small incident. Similarly, an employee said that Lundy’s behavior is “for me like me The little woman is not so frustrating. Another employee is not worried or worried about her safety.
He pointed out that Lundy’s commodity price is $3.33 and Lundy’s sentence is one year.
But most people have noticed that the role of the Appeals Judge is limited: “Our role is to determine that the aggravating factors that appear in this situation are called by the dissidents as “small, small, sad” nature offset.
