People v. Moore

In this appeal, we are asked to determine whether our decision in People v. Kilpatrick, 167 Ill. 2d 439 (1995), should be applied retroactively to the case at bar. In Kilpatrick, this court held that section 5 — 8 — 1(c) of the Unified Code of Corrections prohibits a trial court from imposing a longer sentence on reconsideration, despite the fact that the aggregate period of imprisonment remains the same. In this case, defendant originally received consecutive sentences of 12 and 18 years’ imprisonment for two counts of aggravated criminal sexual assault and was subsequently resentenced to…