People v. Scalise

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 Il App (3d) 130720
Decision Date: 
Tuesday, September 1, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Vacated in part and modified in part; remanded with directions.
Justice: 
O'BRIEN
Defendant pled guilty to 2 counts of predatory criminal sexual assault of a child in exchange for consecutive sentences of 12 years on each charge. Court erred in imposing a $500 sex crimes assessment where cited statute did not authorize the assessment. The $500 sex offender fine became effective after date of offenses, and thus cannot be imposed as this would violate prohibition against ex post facto laws. Sentence is void to extent it did not include required $100 sexual assault fine. (LYTTON, concurring; WRIGHT, dissenting.)