People ex rel. Berlin v. Bakalis

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2018 IL 122435
Decision Date: 
Thursday, March 22, 2018
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Mandamus awarded.
Justice: 
KILBRIDE

Petitioner, State's Attorney, sought mandamus, asking Supreme Court to direct circuit court to vacate Defendant's 1-year term of mandatory supervised release (MSR) and impose mandatory 4-year MSR term. Defendant had entered partially negotiated guilty plea to violating order of protection, a Class 4 felony based on his prior conviction for that same offense. Section 5-8-1(d)(6) of Unified Code of Corrections requires that Defendant's sentence  on that conviction include mandatory 4 years of MSR. A new sentencing hearing is not necessary. (KARMEIER, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)