Defendant pleaded guilty to one count of unlawful delivery of a controlled substance and was sentenced to 24 months’ probation. Defendant was subsequently found guilty of violating his probation and sentenced to 10 years in prison. The appellate court initially held that the court applied the incorrect sentencing range and reversed and remanded. The State filed a petition for rehearing, arguing for the first time that the trial court properly recognized that the defendant was eligible for up to 30 years in prison under section 408 of the Controlled Substances Act. The appellate court granted the State’s petition for rehearing and withdrew its previous order. The appellate court declined to find that the State had forfeited the issue, noting that the parties were given a full and fair opportunity to brief the issue. (STEIGMANN and DOHERTY, concurring)
Illinois Appellate Court
Criminal Court
Sentencing