People v. Dorsey
CourtAppellate Court of Illinois
Date FiledNovember 4, 2026
Docket3-25-0344
StatusUnpublished
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Full Opinion
NOTICE: This order was filed under Illinois Supreme Court Rule 23 and is not
precedent except in the limited circumstances allowed under Rule 23(e)(1).
2026 IL App (3d) 250344-U
Order filed November 4, 2026
____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
2026
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) of the 21st Judicial Circuit,
) Kankakee County, Illinois,
Plaintiff-Appellee, )
) Appeal No. 3-25-0344
v. ) Circuit No. 23-CF-555
)
LARRY L. DORSEY JR., ) Honorable
) William S. Dickenson,
Defendant-Appellant. ) Judge, Presiding.
____________________________________________________________________________
JUSTICE HOLDRIDGE delivered the judgment of the court.
Justices Davenport and Anderson concurred in the judgment.
____________________________________________________________________________
ORDER
¶1 Held: The defendant’s sentence was not an abuse of discretion.
¶2 The defendant, Larry L. Dorsey Jr., appeals his sentences for aggravated battery with a
firearm and aggravated battery, arguing that his sentence was excessive where the Kankakee
County circuit court did not adequately consider mitigating evidence that (1) he acted under strong
provocation and (2) there were substantial grounds tending to excuse or justify the defendant’s
criminal conduct.
¶3 I. BACKGROUND
¶4 On August 25, 2023, the State charged the defendant with aggravated battery with a firearm
(720 ILCS 5/12-3.05(e)(1) (West 2022)), unlawful possession of a weapon by a felon (UPWF) (id.
§ 24-1.1(a)), and aggravated battery (id. § 12-3.05(c)). The court granted the defendant’s motion
to sever the UPWF offense, and a jury found the defendant guilty of the remaining offenses.
¶5 The evidence adduced at trial showed that on July 26, 2023, Micah Nichols was driving
with his three-year-old niece to pick up a friend. Nichols could not locate his friend, so he stopped
at a gas station to see if anyone had information on his friend’s location. After speaking with the
defendant and other individuals, Nichols felt they were suspicious of him. Nichols removed a
firearm from the bag that he carried on his shoulders. Nichols loaded a bullet into the chamber
before placing the firearm back in the bag. Before loading the bullet, he heard someone load a
firearm and observed another individual carrying a firearm in his sock. Nichols left the gas station
but believed that he was being followed. In case of an altercation, Nichols returned to the gas
station where there were surveillance cameras. Upon returning, Nichols had a minor accident with
another vehicle. Nichols spoke with the driver and requested his insurance information. Nichols
was approached by several individuals, including the defendant, who asked him to provide
payment for the damage to the vehicle. Nichols felt growing “hostility and *** aggression,” while
the individuals began jostling his bag where he had his firearm, which was now located on his
chest. They approached Nichols and brought him to the ground. The defendant and the other
individuals hit and kicked Nichols, while one individual removed Nichols’s bag. Soon after,
Nichols ran from the gas station, and the individuals pursued him. The defendant ran toward
Nichols holding Nichols’s firearm and discharged it at Nichols’s leg before fleeing the scene.
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¶6 The defendant’s presentence investigation report (PSI) showed prior convictions for
aggravated unlawful use of a weapon from 2018, unlawful possession of a controlled substance
from 2020, and unlawful possession of methamphetamine from 2021. The defendant pled guilty
to these offenses in 2022 and 2023, serving terms of probation for each. The defendant remained
on probation when he committed the present offenses. The defendant reported having lasting
medical complications from being shot with a firearm. The defendant reported that his father was
absent during his childhood and he was primarily raised by his grandmother. Additionally, the
defendant had three children who were 11, 16, and 17 years old.
¶7 The case proceeded to a sentencing hearing. In aggravation, the State noted the defendant’s
prior criminal history and probation status at the time of the offenses. The State also argued that
the defendant pursued Nichols after he had been beaten, was running away, and his firearm was
taken from him. The State asked for 20 years’ imprisonment. In mitigation, counsel argued that
“in [the defendant’s] mind,” he acted in self-defense. Counsel argued that Nichols acted recklessly
by bringing a firearm to that location, while also having a child present. Counsel asserted that
Nichols instigated and escalated the altercation. Additionally, counsel noted the defendant’s
difficult upbringing and that he had been shot on two prior occasions. Counsel asked the court to
impose a minimum sentence of six years’ imprisonment. In his statement in allocution, the
defendant apologized for beating Nichols.
¶8 In sentencing the defendant, the court indicated that it considered the trial evidence; the
PSI; the defendant’s statement in allocution; the arguments from counsel; the factors in
aggravation and mitigation; the defendant’s character, criminal history, and probation status; the
seriousness of the offense, and the goal of rehabilitation. The court stated by way of mitigation,
“[t]here isn’t necessarily a lot that applies here.” However, the court found mitigating the absence
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of the defendant’s father in his life, his difficult upbringing, and any potential effect on the
defendant’s children due to incarceration. The court found that “a sentence is necessary to deter
others from committing the same crime,” characterizing the evidence as “an unruly mob over a car
accident which, [the defendant, was] willingly a part of.” The court recognized this was “an
unusual situation,” and that Nichols acted “somewhat oddly.” Importantly, the court noted that
Nichols did not point his firearm at anyone, and the firearm remained in his bag. Nichols was
running away when the defendant and the other individuals “knocked [Nichols] to the ground,”
beat him, and “forcibly removed” his bag, and the defendant continued to pursue him. The court
found that Nichols did not instigate the event and the defendant’s actions were not justified
“especially after [Nichols] had been disarmed.” The court agreed with the jury and rejected the
defendant’s theory of self-defense. Specifically, the court stated, “I’m not seeing at that point that
[the defendant was] defending [him]self in any way, shape, or form. Nor [was he] defending
anybody else. *** [He] simply had an opportunity. *** [A]nd shot [Nichols] in the leg.”
¶9 The court sentenced the defendant to 5 years’ imprisonment for aggravated battery and 12
years’ imprisonment for aggravated battery with a firearm, to be served concurrently. The court
denied the defendant’s motion to reconsider sentence. The defendant appealed.
¶ 10 II. ANALYSIS
¶ 11 The defendant argues that his sentence was excessive where the circuit court gave
insufficient weight to the mitigating factors that (1) he “acted under a strong provocation” and
(2) “[t]here were substantial grounds tending to excuse or justify the defendant’s criminal conduct,
though failing to establish a defense.” See 730 ILCS 5/5-5-3.1(a)(3), (4) (West 2022).
¶ 12 The circuit court’s sentencing decisions are entitled to great deference and will not be
altered absent an abuse of discretion. People v. Alexander, 239 Ill. 2d 205, 212-13 (2010). We give
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the court such deference because it is in the best position to determine the appropriate sentence as
it has had the opportunity to weigh the defendant’s credibility, demeanor, moral character,
mentality, environment, and age. People v. Stacey, 193 Ill. 2d 203, 209 (2000). A sentence that
falls within the statutory range is not an abuse of discretion unless it is manifestly disproportionate
to the nature of the offense or “greatly at variance with the spirit and purpose of the law.” (Internal
quotation marks omitted.) Alexander, 239 Ill. 2d at 215.
¶ 13 It is up to the circuit court to balance the relevant factors in mitigation and aggravation and
make a reasoned decision as to the appropriate sentence. People v. Latona, 184 Ill. 2d 260, 272
(1998). “The court cannot ignore a pertinent mitigating factor [citation], although the weight to be
given each factor depends on the facts and circumstances of each case.” People v. Hageman, 2020
IL App (3d) 170637, ¶ 19. When mitigating evidence is before the circuit court, it is assumed the
court considered it, unless the record indicates otherwise. People v. Burton, 184 Ill. 2d 1, 34 (1998).
On appeal, it is not our duty to reweigh the factors involved in the circuit court’s sentencing
decision. People v. Coleman, 166 Ill. 2d 247, 261-62 (1995).
¶ 14 Here, the defendant’s 5- and 12-year sentences were within the applicable sentencing range
and are presumptively valid. See 720 ILCS 5/12-3.05(c), (e)(1), (h) (West 2022); 730 ILCS 5/5-
4.5-40(a), 5-4.5-25(a) (West 2022); Stacey, 193 Ill. 2d at 209-10. The defendant’s argument
amounts to an invitation to reweigh the evidence, which we will not do. See Coleman, 166 Ill. 2d
at 261-62. When rendering its decision, the court indicated that it considered all the evidence
before it. The court was aware of the defendant’s theory of self-defense at trial and the particular
facts and circumstances of the case.
¶ 15 Specifically, the court considered the evidence in mitigation, including the defendant’s
upbringing and familial obligations. The court also considered the seriousness of the offenses,
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including the underlying facts that the defendant pursued Nichols while he was running away
unarmed, the defendant committed these offenses while serving two terms of probation, and
indicated that the imposition of a sentence to deter others was necessary. The seriousness of the
offense is the most important factor when sentencing. People v. Murray, 2020 IL App (3d) 180759,
¶ 30. Additionally, the record shows that the court considered the defendant’s argument that
Nichols instigated and provoked the defendant and any possible grounds that would excuse or
justify the defendant’s conduct, even if insufficient to establish a defense. See 730 ILCS 5/5-5-
3.1(a)(3), (4) (West 2022). However, the court gave these mitigating factors little weight since it
felt the trial evidence did not support the argument. While the defendant may believe the mitigating
evidence should have been given more weight and warranted a lesser sentence, the court was not
required to agree. Moreover, the defendant failed to provide any case law to support the notion
that the court is required to factor the defendant’s personal injuries or resulting trauma when
considering mitigating evidence of responding to strong provocation or grounds excusing or
justifying the defendant’s criminal conduct. See id. Viewed in the totality, we cannot say that the
defendant’s sentence was “greatly at variance with the spirit and purpose of the law or manifestly
disproportionate to the nature of the offense,” and the court did not abuse its discretion in
sentencing the defendant. People v. Fern, 189 Ill. 2d 48, 54 (1999).
¶ 16 III. CONCLUSION
¶ 17 The judgment of the circuit court of Kankakee County is affirmed.
¶ 18 Affirmed.
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