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People v. Roberts

Case Date: 06/11/2002
Court: 2nd District Appellate
Docket No: 2-00-1336 Rel



No. 2--00--1336

 

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

 

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
          Plaintiff-Appellee, )
)
v. ) No. 97--CF--0125
)
TERRY T. ROBERTS, ) Honorable
) K. Craig Peterson,
         Defendant-Appellant. )  Judge, Presiding.

 

JUSTICE BOWMAN delivered the opinion of the court:

After a jury trial, defendant, Terry T. Roberts, was foundguilty of burglary (720 ILCS 5/19--1(a) (West 1996)) and sentencedas a Class X offender to 20 years' imprisonment. He was tried andsentenced in absentia. Defendant sought a new sentencing hearingpursuant to section 115--4.1(e) of the Code of Criminal Procedureof 1963 (Code of Criminal Procedure) (725 ILCS 5/115--4.1(e) (West2000)), and the trial court denied the motion. On appeal,defendant argues that the statute the trial court relied upon tosentence him as a Class X offender, section 5--5--3(c)(8) of theUnified Code of Corrections (Code) (730 ILCS 5/5--5--3(c)(8) (West1996)), violates the proportionate penalties clause of the IllinoisConstitution (Ill. Const. 1970, art. I,