People v. J.A.

PRESIDING JUSTICE BARRY,

concurring in part and dissenting in part:

While I agree with the majority’s decision on the merits, I believe that the disposition of the case, i.e., vacating the defendant’s sentence, is not required. Neither party has presented a mootness argument on appeal. In my opinion, we as a court of review should exercise judicial restraint in matters of sentencing and not lightly declare sua sponte that a sentence “has been rendered moot by a lapse of time.”

A moot question has been defined as one that once existed but, because of the happening of some event, has ceased to…