People v. Allgood

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2019 IL App (2d) 160810
Decision Date: 
Wednesday, July 10, 2019
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
BIRKETT

Defendant was convicted of aggravated criminal sexual assault while armed with a firearm and aggravated kidnapping while armed with a firearm. The 15-year sentencing enhancements for those offenses violated the proportionate-penalties clause of the Illinois Constitution.Remanded for resentencing on both convictions based on the statutes as they existed before they were amended to add the unconstitutional enhancements, to allow court to reevaluate sentence in light of Defendant's cumulative sentence. (HUTCHINSON and SCHOSTOK, concurring.)