Defendant was sentenced as a Class X offender to 25 years for the Class I felony possession of a controlled substance with intent to deliver under the requirements of section 5-4.5-95 of the Unified Code of Corrections in effect at the time of sentence. In prior proceedings, the appellate court reversed and remanded for the filing of a valid SCR 604(d) certificate. Defendant then filed an amended motion to reconsider the sentence based on a revised section 5-4.5-95 that had been changed to narrow the types of felonies that were eligible for Class X sentencing. The trial court denied the motion and defendant appealed. The appellate court reversed and remanded for a new sentencing hearing, finding that the revised amended version of the statute should have been applied by the trial court. (McLAREN and HUDSON concurring)
Illinois Appellate Court
Criminal Court
Sentencing