People v. Johanson

Defendant was convicted of predatory criminal sexual assault of a child. He argued sentencing as a Class X felon violated the proportionate-penalties clause of the Illinois Constitution and moved the trial court to sentence him instead for aggravated criminal sexual abuse, a Class 2 felony. The trial court denied the motion and sentenced defendant to 16 years in prison and defendant appealed. The appellate court affirmed, finding that the elements of predatory criminal sexual assault of a child and aggravated criminal sexual abuse are not the same and, as a result, the disparate sentences for the two offenses are proper and do not violate the proportionate penalties clause. (McLAREN and BIRKETT, concurring)