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State v. Bernal6/2/1987
onduct, age, health, any events surrounding the crime, pattern of conduct indicating whether he or she is a serious threat to society, and the possibility of rehabilitation."
Third, the rationale of People v. Conover, 84 Ill.2d 400, 50 Ill. Dec. 638, 419 N.E.2d 906 (1981), relied upon by defendant, does not apply to this case. The Illinois Supreme Court in People v. Conover construed an Illinois statute that expressly listed factors the trial court may consider in imposing a more severe sentence. The factors included whether the defendant received "compensation for committing the offense." Id. at 404, 50 Ill. Dec. at 642, 419 N.E.2d at 908. The question was whether the fact that a burglary or theft involved proceeds could be considered a circumstance justifying enhancement of the basic sentence, and the answer was no. The court's rationale was: " nasmuch as most burglaries and every theft involve proceeds, it is reasonable to conclude that the legislature already considered that factor in establishing the penalties." Id. at 405, 50 Ill. Dec. at 643, 419 N.E.2d at 909. Thus, People v. Conover is based upon the
court's determination of legislative intent, not the constitutional prohibition against double jeopardy.
Furthermore, the crime of criminal sexual penetration with personal injury is not necessarily accompanied by the factors considered by the trial court for aggravation of the sentence in the case before us. The record supports a conclusion that the trial court properly considered "circumstances surrounding the offense" and "concerning the offender," as required by section 31-18-15.1(A). See People v. Saldivar, 113 Ill.2d 256, 100 Ill. Dec. 776, 497 N.E.2d 1138 (1986) (it is permissible to consider particular circumstances and nature of offense committed when finding aggravation); cf. People v. Conover. The court's consideration of circumstances surrounding an element of the offense did not expose defendant to double jeopardy. State v. Wilson.
PROPRIETY OF ALTERATION OF SENTENCES.
Defendant also contends that the trial court erred in its application of Section 31-18-15.1. He claims there were several errors.
First, defendant asserts that the trial court did not comply with the statutory requirements, because the court failed to place its reasons for altering the sentences in the written record. We disagree with defendant's interpretation of the statute. It provides, in pertinent part: "If the court determines to alter the basic sentence, it shall issue a brief statement of reasons for the alteration and incorporate that statement in the record of the case." ยง 31-18-15.1(A). Appellate review would be easier if the trial court had filed a written statement of its reasons for alteration of a basic sentence, as part of the court file. See SCRA 1986, 12-209(A). However, the statement here was part of the appellate record, because it was included in the transcript. See SCRA 1986, 12-211(A).
Defendant's sentences were reduced to writing in the judgment and sentence filed by the court. Although the trial court did not include in writing its reasons for aggravating defendant's basic sentences, Section 31-18-15.1(A) requires only that the reasons for an enhanced sentence be incorporated in the record of the case. We are not persuaded that the legislature also intended to require that the statement of reasons be part of the written judgment. We hold that the oral statement of reasons was part of the "record of the case" within the meaning of Section 31-
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