People v. Mescall 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 2-08-0773
Decision Date: 
Thursday, August 26, 2010
District: 
2d Dist.
Division/County: 
Boone Co.
Holding: 
Reversed and remanded with directions.
Justice: 
BURKE
Defendant was charged in 1996 with aggravated criminal sexual abuse and four counts of predatory criminal sexual assault of a child, for acts which allegedly occurred between June 1995 and September 1996. Court mistakenly interpreted statute as mandating that Defendant be sentenced to consecutive terms of imprisonment. Amended sentencing statute does not apply because the acts included in the information were committed prior to the effective date of the amendment; and pre-amendment statute mandated consecutive sentences only if the acts were committed in a single course of conduct, which the State did not prove. Claim of ineffective assistance of trial and appellate counsel, for failing to object to this error, has arguable basis in facts and law. (ZENOFF and McLAREN, concurring.)