Appellate Court of Illinois

Convictions for aggravated criminal sexual assault and and armed robbery are affirmed in part and reversed and remanded for sentencing where: 1) the Illinois Supreme Court's decision in People v. Shellstrom 216 Ill. 2d 45 (2005) does not apply retroactively to the successive post-conviction petition defendant filed in this case and defendant is not entitled to relief because he has failed to satisfy the cause-and-prejudice test; and 2) defendant was sentenced under a version of the Habitual Criminal Act that became effective after the crimes in question were committed and therefore he should have been given the opportunity to elect between the older and newer versions of the Act.

Appellate Information

• Decided 06/01/2007
• Published 06/01/2007

Judges

• Justice TULLY delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel