After jury trial, Defendant, age 46 at time of offenses, and who is intellectually disabled, was convicted of sexual assault and abuse for conduct committed against a 6-year-old victim. As he had a prior conviction for aggravated criminal sexual assault on a 9-year-old victim, court had no discretion but to sentence Defendant to mandatory natural life in prison. The original sentence of natural life imprisonment did not violate proportionate penalties clause, and was constitutional as applied to Defendant. After appeal, court sentenced Defendant, who was then age 52, to a 50-year de facto life sentence. Appellate court's decision is reversed, but the de facto life sentence is allowed to stand. (A. BURKE, KILBRIDE, GARMAN, THEIS, NEVILLE, and M. BURKE, concurring.)
Illinois Supreme Court
Criminal Court
Sentencing