People v. Holmes 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 3-09-0184
Decision Date: 
Friday, October 15, 2010
District: 
3d Dist.
Division/County: 
Iroquois Co.
Holding: 
Vacated and remanded.
Justice: 
SCHMIDT
Defendant was sentenced to 20 years imprisonment after conviction for unlawful delivery of a controlled substance. Defendant was improperly sentenced as a Class X offender pursuant to habitual offender provision of Unified Code of Corrections, because Defendant was convicted of his second qualifying offense on the day he was sentenced, not the day he pled guilty, and the Class X sentencing mandate in Seciton 5-5-3(c)(8) was not triggered, so that court lacked authority to sentence him as a Class X offender. (O'BRIEN and WRIGHT, concurring.)