People v. Gray

This case presents question as to whether jury properly found defendant guilty of violating armed habitual criminal provisions of Criminal Code (720 ILCS 5/24-1.7), where said finding was based, in part, on defendant’s 2002 juvenile conviction on drug delivery charge. Appellate Court, in reversing defendant’s conviction, found that defendant’s prior juvenile conviction on drug delivery charge that was committed when defendant was 17, does not qualify as kind of conviction that can support charge of being armed habitual criminal. In its petition for leave to appeal, State argues that instant delivery of narcotics offense, which is classified as Class 1 offense, qualifies as predicate offense under section 24-1.7 of Criminal Code for purposes of armed habitual criminal statute, and that fact that defendant committed said offense at age 17 is irrelevant.