People v. Brown

Defendant, age 20 at time of offense, was convicted, after bench trial, of possession of heroin with intent to deliver and sentenced as Class X offender due to his prior felony convictions. Section 5-4.5-95(b) of Unified Code of Corrections is ambiguous as to whether eligibility for Class X sentencing depends on whether Defendant is age 21 as of date of commission, charge, or conviction.  Thus, statute is interpreted under rule of lenity in favor of Defendant, who was charged with offense on day prior to his 21st birthday, and he is thus ineligible for Class X sentencing. (PUCINSKI, concurring; LAVIN, dissenting.)