People v. Johnson

Defendant was convicted, after bench trial, of robbery and unlawful restraint and sentenced as a Class X offender to 18 years. Defendant's criminal background does not contain 2 prior Class 2 felonies that subjected him to mandatory Class X sentencing.After Defendant's probation was terminated, Defendant having completed that probation satisfactorily, trial court entered findings of not guilty on his 2 1995 drug cases. Court erred in sentencing Defendant to mandatory Class X sentencing, which was plain error as it affected his fundamental liberty. At a new sentencing hearing, Defendant is to be sentenced in accordance with statutory guidelines for an extended Class 2 sentence, given his criminal history.  (GORDON and REYES, concurring.)