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People v. McClain

Case Date: 09/18/2003
Court: 1st District Appellate
Docket No: 1-01-1936 Rel

FOURTH DIVISION
September 18, 2003




No. 1-01-1936

 

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
                       Plaintiff-Appellee, ) Cook County.
)
v. ) No. 95 CR 33433
)
WARDELL McCLAIN,  ) Honorable
) Frank Zelezinski,
                      Defendant-Appellant. ) Judge Presiding.

 

JUSTICE GREIMAN delivered the opinion of the court:

Following a third jury trial,(1) defendant Wardell McClain was convicted of first degreemurder and was sentenced to an extended term of 80 years' imprisonment. On appeal, defendantargues that (1) the trial court abused its discretion in denying his request for a continuance tobring in a witness, (2) the trial court improperly retroactively employed the recently amendedversion of section 5-8-2(a) of the Unified Code of Corrections (730 ILCS 5/5-8-2(a) (West2000))(2) (Code of Corrections) to sentence him to an extended term, and (3) section 111-3(c-5) ofthe Code of Criminal Procedure of 1963 (725 ILCS 5/111-3(c-5) (West 2000)) (CriminalProcedure Code) violates article I, section 7, of the Illinois Constitution (Ill. Const. 1970, art. I,