People v. Kerns

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (3d) 100375
Decision Date: 
Wednesday, February 29, 2012
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Vacated and remanded with directions.
Justice: 
LYTTON
Defendant was convicted of criminal sexual assault after jury trial. Sentencing judgment reflected sentence of 7 years and imposed 2-year MSR term, but after sentencing DOC's inmate records listed MSR term as "3 Yrs to Life-To Be Determined." It is duty of trial court, not DOC, to sentence a defendant to MSR term within statutory guidelines, and indeterminate MSR term of 3 years to life is contemplated for criminal sexual assault. (SCHMIDT and CARTER, concurring.)