A Galesburg man’s appeal has failed after serving over 5 years of a 15-year sentence.
Kenwaun Murray, now 39 years old pleaded guilty to aggravated battery and burglary charges in 2015 in exchange for more severe charges being dropped.
Circuit Judge Scott Shiplett sentenced Murray to the maximum 15 years after Murray was charged with aggravated battery in another instance while out on recognizance bond.
Murray is said to have used a tire iron or car jack to strike two men in the head after entering a Broadview Inn hotel room of the men after the door was opened for him in late 2014. Court documents say he fractured the men’s skulls.
Judge Shiplett told Murray at his sentencing that Murray very nearly committed home invasion, which could have yielded him a 30-year sentence.
Shiplett called it a “horrific crime” and said he would have given Murray more time in prison if he could have, but gave him the maximum 15 years.
Murray then tried to withdraw his plea citing ineffective counsel but the circuit court ruled his counsel was effective.
But the appellate court in their Monday opinion that they never mandated such a hearing.
Murray also argued the trial court abused its discretion by imposing the maximum sentence on him. Again, the appellate justices found nothing improper in sentencing, saying the circuit judge properly consider aggravating and mitigating factors.
But this appeal argued the trial court didn’t comply with an appellate court order by not holding a hearing to reconsider his sentence.
The appellate justices said that wasn’t a part of their order.
They also ruled the trial court properly weighed mitigating and aggravating factors in sentencing.
Murray could be paroled as early as Spring 2022 and could be released as soon as 2024.
