Defendant was found guilty of attempted murder, home invasion, and armed robbery and was sentenced to terms of 15 years, 20 years, and 35 years in prison with some terms to be served concurrently and some consecutively. Defendant filed a post-conviction petition arguing that his 35-year sentenced for armed robbery violated Apprendi v. New Jersey because the trial court and not the jury found the offense was brutal and heinous and that his 20-year sentenced for armed robbery should not be served at 85 percent because the court did not state during its oral ruling that the offense involved great bodily harm. The trial court granted the State’s motion to defense and defendant appealed. The appellate court affirmed, finding that defendant was not prejudiced by the sentencing procedures and that the evidence in the case overwhelmingly supported a finding that the offenses resulted in great bodily harm. (ZENOFF and DeARMOND, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act