A Galesburg man who has been in prison for 7 years has had his sentence reversed on appeal and remanded back to Knox County court.
But the Knox County State’s Attorney says he intends to argue for the maximum allowable sentence.
Sterling Nicholson, now 55 years old, had his 25-year sentence for aggravated domestic battery reversed based on the ineffectiveness of his counsel on Jan. 29 by the Illinois Third District Appellate Court.
Nicholson was convicted in 2012 in Knox County, of aggravated domestic battery and aggravated battery before the latter charge was vacated on appeal.
The appellate court found Nicholson’s counsel ineffective in sentencing and that sentence has been sent back to Knox County Circuit Court.
Knox County State’s Attorney Jeremy Karlin says that the court can now impose a sentence of 6 years- equal to what prosecutors offered Nicholson 7 years ago- or a sentence between 6 and 25 years.
Karlin says he intends to argue for 25 years.
Karlin says the case in front of him “illustrates that prosecutors have the most difficult role in a courtroom.” He says a prosecutor must do his job correctly, and also ensure that the judge and defense are doing their jobs as well.
He continues, “If any of the three is found to be deficient in their duties, as the appellate court found here, convictions and sentences can be reversed or even vacated.”
Nicholson alleged in this appeal that his attorney was ineffective for not informing him he was eligible for Class X sentencing for an aggravated domestic battery charge.
Nicholson was eligible for the more serious Class X sentencing because of his criminal history of seven prior felonies-including six separate convictions for Class 2 felonies and a single conviction for a Class 1 felony.
He was given a plea offer of six years but turned it down.
Nicholson interrupted his sentencing hearing after getting a 25-year sentence and said, “if I was informed of all this prior to when the State offered me the six years…I would have considered that plea more seriously.”
Nicholson’s attorney acknowledged that he failed to advise his client he was eligible for Class X sentencing, saying he was unaware himself.
Nicholson also faced charges of attempted murder for an incident in which he beat a woman in her Galesburg woman. News reports from 2012 say the victim “lost teeth, suffered skull fractures and had bleeding on her brain” from the beating.
Judge Paul Mangieri stated in a hearing for post-conviction relief that even if counsel hadn’t informed Nicholson of his Class X eligibility, he still decided to “reject a 6-year offer with the understanding that he could be facing up to 30 years.” Put another way, even if Nicholson’s attorney told him he was Class X eligible- he was gambling that he wouldn’t get a 20-year sentence anyhow if convicted of attempted murder.
That decision is what Nicholson appealed here.
