People v. Smith

This case presents question as to whether trial court properly imposed 6-year, Class X sentence on instant charge of aggravated battery to correctional officer. Appellate Court, in reversing defendant’s sentence and remanding matter back to trial court, found that defendant was not eligible for Class X sentencing because he was not 21 at time he was charged with instant offense. In its petition for leave to appeal, govt. argued that Class X sentencing was permissible in instant case since defendant was 21 at time of his conviction.