People v. Stewart

Defendant was convicted of possession of a stolen motor vehicle and sentenced as a Class X offender to six years in prison. On appeal, the appellate court held that defendant’s first felony offense, committed when he was 17 years old, was not a qualifying offense for Class X sentencing and vacated his sentence. The Supreme Court affirmed, finding that the offense committed when defendant was 17 years old was not a qualifying offense for Class X sentencing under section 5-4.5-95(b) of the Unified Code of Corrections as it existed at the time defendant was sentenced. Two justices dissented. (THEIS, NEVILLE and CARTER, concurring and OVERSTREET and BURKE, dissenting. HOLDER WHITE took no part in the decision)