People v. Toy

As prior case law has held that 15-year enhancement for aggravated criminal sexual assault violates proportionate penalties clause, Defendant is entitled to be resentenced without that enhancement. Armed violence statute in effect at time of Defendant's crime and sentencing excluded aggravated criminal sexual assault, but did not exclude criminal sexual assault. Aggravating factor was possession of a firearm, which is identical to armed violence based on commission of criminal sexual assault. (GORDON and TAYLOR, concurring.)