Find Legal Information

Docket No. 96367-Agenda 3-March 2004.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
GERALD SCOTT HUDDLESTON, Appellee.

Opinion filed June 4, 2004.
 

JUSTICE RARICK delivered the opinion of the court:

Defendant, Gerald Huddleston, was charged by information in thecircuit court of Livingston County with three counts of predatory criminalsexual assault pursuant to section 12-14.1(a) of the Criminal Code of1961 (Code) (720 ILCS 5/12-14.1(a)(1) (West 2002)). Each countpertained to a separate victim. Prior to trial, defendant filed a motionseeking to have section 12-14.1(b)(1.2) of the Code declaredunconstitutional, arguing that it violates state principles of proportionalityand due process. Section 12-14.1(b)(1.2) mandates a sentence of naturallife imprisonment when a person is "convicted of predatory criminal sexualassault of a child committed against 2 or more persons regardless ofwhether the offenses occurred as the result of the same act or of severalrelated or unrelated acts." 720 ILCS 5/12-14.1(b)(1.2) (West 2002).The circuit court deferred ruling on the motion until after it had heardevidence in the case.

After the court found defendant guilty on all three counts, the courtentertained arguments on defendant's motion and ultimately ruled that thestatute is not unconstitutional "on its face." The court left open the questionof whether the statute might be unconstitutional as applied to defendantuntil the court considered the evidence adduced at sentencing. Followingthe presentation of that evidence, the circuit court ruled that the statutewas unconstitutional as applied to defendant in that it violates theproportionate penalties clause of the Illinois Constitution (Ill. Const. 1970,art. I,