People v. Castleberry

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL 116916
Decision Date: 
Thursday, November 19, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
BURKE
The "void sentence rule", which states that a sentence which does not conform to a statutory requirement is void, is no longer valid. Recent Illinois Supreme court decisions holding that voidness does not speak to mere error, but to lack of jurisdiction, have undermined the rationale behind the rule. Rule 604(a) does not permit State to appeal a sentencing order. Thus, State could not have cross-appealed in the appellate court on this issue, as a reviewing court acquires no greater jurisdiction on cross-appeal than it could on appeal. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)