People v. White

Defendant arranged to sell a gun to man he met in jail who was working as an informant. On the way to the sale Defendant and his girlfriend were pulled over. After Defendant exited the vehicle the girlfriend drove off and completed the sale. Defendant was later arrested based on information provided by the informant. Defendant was sentenced to an extended-term of 8 years for unlawful sale of a firearm to a felon, a Class 3 felony, and 12 years for being an armed habitual criminal, a class X-felony. Court properly found that Defendant was accountable for the sale even though he was not physically present. Defendant made all of the arrangements for the transaction which established a “common design” and made him liable for the sale. State did not have to prove that the girlfriend knew the purchaser was a convicted felon, because Defendant knew and he merely acted through her as the delivery person. Defendant’s extended 8 year sentence for unlawful sale was improper. Defendant could only be sentenced to the maximum 5 year sentence, because an extended-term sentences are only proper in serious class of offenses. (SCHOSTOK and McLAREN, concurring.)