People v. Lashley

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2016 IL App (1st) 133401
Decision Date: 
Thursday, June 30, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed and remanded.
Justice: 
ELLIS

Defendant was convicted, after bench trial, of possession of heroin.  State presented sufficient evidence, via forensic chemist's stipulated testimony, that heroin seized from Defendant weighed 15.2 grams. Applicability of sentencing provision is ambiguous as to Defendant, who was on monitored release from sentence of county impact incarceration at time of arrest. Court erred in imposing extended-term sentence on Defendant's Class 4 felonies. Remanded for resentencing, with directions that court order sentence to be served concurrently with those imposed in 2 other Cook County cases, and to reduce sentences for Class 4 felonies to 3 years. (HOWSE and COBBS, concurring)