People v. Jones

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL App (3d) 130053
Decision Date: 
Friday, May 15, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE
(Court opinion corrected 5/19/15.) Defendant was convicted, after jury trial, of aggravated robbery, and was found extended-term eligible based, in part, on prior adjudication of juvenile delinquency referenced in presentence investigation report (PSI). Prior juvenile petition alleged three counts of residential burglary. Prior adjudication of delinquency is sufficiently analogous to prior conviction so as to fall under exception to Apprendi v. New Jersey rule that except for prior convictions, any fact that increases penalty for crime beyond statutory maximum must be submitted to jury. Thus, fact of prior adjudication may be determined by sentencing court through reference to PSI. (HOLDRIDGE and LYTTON, concurring.)