People v. Garcia

Defendant was convicted of three counts of aggravated criminal sexual assault and one count of aggravated kidnapping and sentenced to a total of 100 years in prison. Defendant appealed, arguing that the trial court erred in denying his motion for a new trial based on newly discovered evidence and ineffective assistance of counsel and that his sentence was unconstitutional. The appellate court affirmed defendant’s conviction but vacated his sentence and remanded for a new sentencing hearing, finding that the trial court improperly imposed a “trial tax” and did not properly consider defendant’s intellectual disability and rehabilitative potential. (MIKVA and C.A.WALKER, concurring)