Illinois Appellate Court
Criminal Court
Sentencing
Because Defendant was under age 21 when charged in this case, he should not have been sentenced as a Class X offender, and his sentence of 10 years is thus void. Based on Defendant's criminal history, he was eligible for extended-term sentence. Thus, plea agreement can be reformed so a valid sentence of 3 to 10 years may be entered on remand, so both parties receive the benefits they each bargained for.
(HARRIS and HOLDER WHITE, concurring.)