People ex rel. Senko. v. Meersman
2012 IL 114163
| Ill. | 2012Background
- Morrison pled guilty to unlawful failure to register a change of address and later to one count of criminal sexual assault; consecutive sentencing was sought for a triggering offense under 730 ILCS 5/5-8-4(d)(2) and nontriggering registration offenses; the circuit court sentenced Morrison to three years and two years on the nontriggering offenses after a 12-year term for the triggering offense; the State argued the statute required consecutive sentences to the 12-year sentence; respondent argued subsections do not mandate consecutive terms; this Court granted mandamus to compel accordance with 5/5-8-4(d)(2) and use Curry as controlling precedent; the Court held nontriggering offenses must be served after the triggering offense sentences, with triggering sentences served first and consecutive to each other.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 5-8-4(d)(2) mandate consecutive sentences for the triggering offenses? | Senko argues 5/8-4(d)(2) requires consecutive terms. | Meersman contends subsections do not uniformly require consecutive terms. | Yes; trigger requires consecutive sentencing. |
| Must nontriggering registration offenses be served after triggering sentences? | Senko supports sequential enforcement after triggering sentences. | Meersman argues nontriggering offenses may be concurrent. | Yes; nontriggering offenses must be served after triggering sentences. |
Key Cases Cited
- Curry v. People, 178 Ill.2d 509 (Ill. 1997) (consecutive sentences for triggering offenses unless relative to nontriggering offenses)
- People ex rel. Birkett v. Konetski, 233 Ill.2d 185 (Ill. 2009) (mandamus standard and discretionary duties of public officers)