People v. Brown

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2017 IL App (1st) 140508-B
Decision Date: 
Tuesday, September 5, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
MASON

Defendant was convicted of possession of heroin with intent to deliver and sentenced as a Class X offender pursuant to Section 5-4.5-95(b) of the Unified Code of Corrections. Defendant was age 20 at time of narcotics transaction but turned 21 before his conviction. The Class X recidivist provision is not an ex post facto law, and does not violate due process and equal protection guarantees of U.S. and Illinois constitutions. (LAVIN and PUCINSKI, concurring.)