People v. Johnson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2013 IL App (1st) 120413
Decision Date: 
Wednesday, August 7, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div.
Holding: 
Vacated and remanded.
Justice: 
MASON
(Court opinion corrected 8/9/13.) Defendant was sentenced to 50 years for armed robbery while armed with a firearm, and additional 15 years as mandatory firearm enhancement. Prior juvenile adjudication of delinquency should not be treated more harshly than a comparable adult conviction, and thus Defendant was not subject to an extended term because his juvenile adjudications for burglary in and residential burglary were not Class X felonies, and as maximum nonextended-term sentence for Class X felony is 30 years, portion of sentence above that term is void.(HYMAN and PIERCE, concurring.)