People v. Lampkins

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL App (1st) 123519
Decision Date: 
Wednesday, January 28, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
HYMAN
Defendant, age 17 at time of offense, was convicted of multiple offenses, including Aggravated Criminal Sexual Assault (ACSA) with a firearm. Defendant's 15-year firearm enhancement imposed in addition to his 12-year sentence on conviction for ACSA violated proportionate penalties clause of Illinois Constitution because it provided harsher sentence for ACSA than for armed violence predicated on criminal sexual assault. Offense occurred in 2006, which was prior to 2007 effective date of amendment which cured proportionate penalties violation. (PUCINSKI and MASON, concurring.)