Petitioner, Cook Co. State's Attorney, seeks writ of mandamus, to compel respondent Judge to sentence Defendant with a mandatory 15-year firearm enhancement imposed on each of his 2 convictions for aggravated criminal sexual assault. Laches does not apply, as there was neither unreasonable delay in State's assertion of sentencing error and its attempt to rectify error, nor any conceivable prejudice to Defendant. Cook Co. State's Attorney had authority and standing to bring this mandamus action. In view of Defendant's concession, and agreement of all parties and appellate court that pursuant to statute and precedent, 2 convictions based on 2 separate acts of sexual penetration while armed with a firearm warrant imposition of 2 separate sentence enhancements, one for each offense, Supreme Court issued writ of mandamus, ordering respondent Judge to vacate sentencing order and resentence Defendant, imposing mandatory firearm enhancement on both of his convictions. (FREEMAN, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Civil Court
Sentencing