Llanos-Garcia v. State
The trial court transposed the counts at sentencing, orally imposing the 10-20-Life 25-year mandatory minimum on Count 4 (where no enhancement was charged or found) while giving only nine years on Count 3 (where the information charged and the jury specially found firearm discharge causing great bodily harm). Rather than simply striking the Count 4 enhancement as the defendant requested, the Sixth District reversed and remanded for the trial court to correct both sentences to reflect its obvious intent, holding no double jeopardy bar applies because the defendant had no legitimate expectation of finality in a sentence omitting a nondiscretionary mandatory minimum.
Key facts
- Defendant was convicted on multiple counts including a charge where the information alleged and the jury specially found firearm discharge causing great bodily harm, triggering a 10-20-Life 25-year mandatory minimum enhancement.
- At sentencing, the trial court transposed the sentences between counts, orally imposing the 25-year mandatory minimum on a different count where no enhancement was charged or found, while imposing only nine years on the count with the enhancement.
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Why it matters
Useful to both sides on the scope of relief from an illegal sentence: a defendant who stays silent at sentencing and appeals only the favorable half of a transposition error may find the appellate court fixing the whole… — full analysis with a trial
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