People v. Gray

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2021 IL App (1st) 191086
Decision Date: 
Tuesday, October 12, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed.
Justice: 
WALKER

Defendant was charged with violating armed habitual criminal section of the Criminal Code. Court rejected plea offer of 6 years to be served at 85%. Jury found Defendant guilty of being an armed habitual criminal and he was sentenced to 9 years with no more than a 15% reduction for good behavior. Defendant's 2002 conviction for delivery of narcotics, committed at age 17, does not qualify as the kind of conviction that can support a later conviction on a charge of being an armed habitual criminal.(HYMAN and COGHLAN, concurring.)