People v. Heider

Justices Fitzgerald, Kilbride, and Burke concurred in the judgment and opinion.

Chief Justice Thomas dissented, with opinion, joined by Justices Garman and Karmeier.

Justice Karmeier also dissented, with opinion, joined by Chief Justice Thomas and Justice Garman.

OPINION

In May 2003 defendant Blake Heider pleaded guilty to one count of predatory criminal sexual assault (720 ILCS 5/12—14.1(a)(1) (West 2002)) arising from an instance of sexual contact between defendant, who was 19 years old and mentally retarded, and D.R., a 12-year-old female. During the sentencing hearing, the State requested…