Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted, in 1983, by jury of first-degree murder. Court made finding that murder was exceptionally brutal and heinous at sentencing hearing, which then made Defendant eligible for extended-term sentence, and he was sentenced to 75 years. Without extended-term, maximum sentence was 40 years. Defendant argued that portion of his sentence exceeding 40-year maximum is void, as facts extending sentence were not submitted to jury. Defendant's voidness argument is not distinguishable from Apprendi holding, and Apprendi cannot apply retroactively. (LAMPKIN and PALMER, concurring.)