Illinois Supreme Court Grants Mandamus Relief Over Imposition of Incorrect Term of Mandatory Supervised Release

In this case, the defendant entered a partially negotiated guilty plea where the State dismissed Aggravated Battery to peace officer charges in trade for a guilty plea to a Class 4 felony of Violation of an Order of Protection. After a full sentencing hearing (where the defendant was eligible for an extended term), the trial court sentenced the defendant to three years Illinois Department of Corrections with one year of Mandatory Supervised Release.

A year later, the court received a communication indicating that the MSR term is a mandatory four years. After going back and forth on the issue, in the end, the trial court refused to increase the amount of MSR, and the State then sought mandamus relief.

Both sides agreed that mandamus was appropriate given the statute, but the defendant also asked for re-sentencing. The Illinois Supreme Court declined to do so, indicating that the defendant could attempt to pursue other relief should he wish to do so in front of the trial court.

The case is People of the State of Illinois ex. rel. Berlin v. Bakalis; 2018 IL 122435.

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