People v. Cashaw

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2016 IL App (4th) 140759
Decision Date: 
Friday, September 30, 2016
District: 
4th Dist.
Division/County: 
Woodford Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of criminal sexual assault. Court was without statutory authorization to impose $200 domestic-violence fine. Illinois Supreme Court's 2015 holding in People v. Castleberry may be applied retroactively to collateral proceedings, where a defendant attacks a sentence imposed in underlying case that concluded prior to Castleberry decision. Under Castelberry, a criminal sentence is not void for lacking statutory authorization.(TURNER and POPE, concurring.)