People v. Douglas

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2017 IL App (4th) 120617
Decision Date: 
Thursday, July 27, 2017
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
POPE

(Court opinion corrected 8/21/17.) Defendant pled guilty to aggravated battery in 2009, and he was sentenced to 10 years. Court dismissed his pro se petition for postconviction relief in 2012 as patently without merit. In 2014, Appellate Court affirmed summary dismissal but vacated Class X sentence and remanded with directions to resentence him to term between 3 and 10 years. Defendant forfeited his as-applied challenge to sentence as void by raising it for the first time on appeal.Class X sentencing was proper because Defendant was 21 when he pled guilty. (HARRIS and HOLDER WHITE, concurring.)