People v. Mosley

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL 115872
Decision Date: 
Friday, February 20, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court affirmed in part and reversed in part; remanded.
Justice: 
KARMEIER
Under plain language of AUUW statute, a person may only be sentenced under subsection (d)(2) if the factors constituting the AUUW offenses identified in both subsections (a)(3)(A) and (a)(3)(C) are present., but because the former subsection has been found unconstitutional, the requirements for sentences cannot be met. Thus, subsection (2) of sentencing subsection (d) of AUUW statute is invalid; but it is not such an interdependent and essential part of statute that its severance requires rest of statute to fail. Trial court properly vacated Defendant's Class 4 convictions of AUUW, as offenses charged are based on Sections 24-1.6(a)(1), (a)(3)(A), and 24-1.6(a)(2), (a)(3)(A), which are unconstitutional. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)