Illinois Supreme Court PLAs
Criminal Court
Sentencing
This case presents question as to whether trial court properly imposed 24-year extended term of incarceration with respect to defendant’s aggravated robbery conviction based, in part, on defendant’s prior adjudication of juvenile delinquency. While defendant argued that his extended term sentence violated Apprendi, 530 US 466, because govt. had failed to prove to jury beyond reasonable doubt fact of his prior juvenile adjudication, Appellate Court, in affirming trial court, found that instant adjudication of delinquency fell under Apprendi’s prior conviction exception, and thus said adjudication did not need to be set forth in indictment, or submitted to jury or proved beyond reasonable doubt. It also found that trial court could properly rely on presentence report that contained information about defendant’s prior adjudication of delinquency as basis for sentence enhancement.