People v. Herndon

Defendant was convicted, after jury trial, of delivery of a controlled substance and sentenced to 10 years. Although Defendant was not specifically informed that he would be sentenced as a Class X offender if he was found guilty, Defendant was correctly admonished as to minimum and maximum extended term sentence he faced as a Class X offender.This admonishment was substantially compliant with Rule 401(a). Prosecutor's comments in closing argument about impact of Defendant's narcotics sales on families living nearby properly focused on negative effects of Defendant's conduct and not on crime in society at large. Prosecutor's minor misttatement in closing that witness testified that he tested three separate samples of controlled substance, when he actually testified that he had tested two samples, was not error. (SIMON and NEVILLE, concurring.)