People v. Miller

Defendant was convicted, after bench trial, of armed robbery, and was initially sentenced to 9 years. Appellate court held that Defendant's sentence was void and remanded based on the void sentence rule in Illinois Supreme Court's 1995 decision in People v Arna, which was abolished by Illinois Supreme Court in its 2015 Castleberry decision. The Castleberry decision applies here, and thus, appellate court had no authority to find Defendant's initial sentence void. Trial court erred in resentencing Defendant and imposing the 15-year firearm enhancement. Defendant's 2nd sentence is vacated, and his original sentence is reinstated.(McBRIDE and REYES, concurring.)