People v. McChristonAnnotate this Case
McChriston was convicted of unlawful delivery of a controlled substance, a Class 1 felony that carried a mandatory Class X sentence. The trial judge sentenced him to 25 years’ imprisonment. The order did not indicate that he would also be required to serve a term of mandatory supervised release (MSR) under the Unified Code of Corrections, 730 ILCS 5/5-8-1(d), nor did the judge mention MSR at the sentencing hearing. The appellate court affirmed the conviction and sentencing on direct appeal. McChriston filed a pro se post-conviction petition under the Post-Conviction Hearing Act, 725 ILCS 5/122-1, raising issues not related to the MSR term. The circuit court dismissed. The appellate court affirmed. He filed a pro se petition for relief from judgment under the Code of Civil Procedure, arguing that the Department of Corrections (DOC) impermissibly added a three-year MSR term to his sentence. The trial court dismissed. The appellate court affirmed, rejecting arguments that imposition of the MSR term violated constitutional rights to due process and the separation of powers clause of the Illinois Constitution. The MSR term attached by operation of law and was not unconstitutionally imposed by the DOC. The Illinois Supreme Court affirmed, reasoning that the trial court had no discretion with respect to MSR.