People v. Taylor

Defendant appealed from the trial court dismissal of his petition for relief from judgment filed pursuant to section 2-1401 of the Code of Civil Procedure in which he argued that the aggravated criminal sexual assault under which he was sentenced violated due process and was void ab initio. The appellate court vacated defendant’s sentence and remanded for resentencing, finding that the 10-year sentencing enhancement applied to defendant’s sentence was unconstitutional and void because the statute punished a non-firearm version of the offense more harshly than a firearm version of the offense in contradiction to legislative intent. (STEIGMANN and KNECHT, concurring)