People v. Todd

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2019 IL App (3d) 170153
Decision Date: 
Monday, September 9, 2019
District: 
3d Dist.
Division/County: 
Whiteside Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Defendant entered open guilty plea to unlawful delivery of a controlled substance, for selling 1 ounce of cocaine to an undercover officer for $1,000; and he was sentenced to 25 years. No ineffective assistance of appellate counsel in failing to raise issue as to judge's comment, during sentencing, as to amount of cocaine being significant. Legislature intended for court to be allowed to consider amount of drugs as an aggravating factor. No merit to double enhancement argument. (CARTER and LYTTON, concurring.)