People v. Young

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2018 IL App (3d) 160003
Decision Date: 
Wednesday, April 25, 2018
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Vacated and remanded.
Justice: 
LYTTON

Defendant was convicted, after jury trial, of 2 counts of burglary. Because record does not contain any evidence of the time Defendant spent in custody for his prior convictions, circuit court erred in finding Defendant to be eligible for extended-term sentencing. Defendant's 2008 convictions are Class 3 felonies, and they do not qualify as convictions "of the same or similar class felony or greater class felony" for extended-term sentencing.(WRIGHT, concurring; SCHMIDT, dissenting.)