People v. Tellez-Valencia

Although I am compelled to dissent in this case, my colleagues and I in fact disagree on very little. We agree, for example, that the statutory language defining the offense at issue was in effect when the defendants allegedly committed the offense. Likewise, we agree that, as a consequence of this court’s decision in Johnson v. Edgar, 176 Ill. 2d 499 (1997), the offense at issue remained a part of the aggravated criminal sexual assault statute.

The only source of contention is the remedy. The defendants were charged with conduct that was unquestionably a crime when committed and has remained…