People v. Garcia

This case presents question as to whether trial court could properly impose extended sentence on charge of aggravated battery based, in part, on 14-year-old prior conviction for possession of stolen motor vehicle. Appellate Court, in vacating defendant's extended sentence, found that 10-year limitations period found in section 5-5-3.2(b)(1) of Code of Corrections precluded trial court from relying on 14-year old prior conviction when imposing extended sentence. State argued in its petition for leave to appeal that 10-year limitations period should have been tolled due to defendant's willful violation of his terms of bail and fact that he remained fugitive for six-year period.