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JUSTICE GOLDENHERSH delivered the opinion of the court:

After a jury trial in the circuit court of Madison County, Mark Maguire (defendant)was convicted of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1)(West 1998)). Thereafter, the trial court found defendant to be a habitual criminal pursuantto section 33B-1 of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/33B-1 (West1998)) and sentenced defendant to life in prison. On appeal, defendant contends that (1) hisconviction must be reversed because the State failed to prove that he was the person whocommitted the crime, (2) the trial court deprived him of his rights to compulsory process anddue process by preventing him from compelling the testimony of the child victim at thereliability hearing, and (3) section 33B-1 of the Criminal Code, under which he was foundto be a habitual criminal, violates a defendant's constitutional rights to due process and a trialby jury as set forth by the United States Supreme Court in Apprendi v. New Jersey, 530 U.S.466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). We affirm.

The victim was four years old when she alleged that defendant molested her byplacing his penis in her mouth. Defendant and his family lived in the same trailer park asthe victim and her family. Prior to the trial, the State notified defendant that pursuant tosection 115-10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10(West 1998)), it intended to introduce statements allegedly made by the victim to SusanRedmon, Sergeant Larry Coles, Kris J., M.J., S.J., and Lieutenant Jack Stalcup. The trialcourt then set the matter for a reliability hearing to determine whether the hearsay testimonywas sufficiently reliable. Defendant subpoenaed the victim to testify at the reliabilityhearing. The State moved to quash the subpoena. The trial court granted the State's motionto quash.

The six witnesses listed by the State in its notice of intention to admit hearsaystatements testified at the reliability hearing. Sergeant Larry Coles testified that on July 25,1999, he was dispatched to the home of Kris J., the victim's mother, where he spoke withboth Kris and the victim. Sergeant Coles asked the victim to tell him what happens whenshe goes to defendant's house to play. The victim initially hesitated, but after beingreassured by her mother, she told Coles that defendant pulls down his pants in the livingroom when his son, J.D., goes outside to play. Defendant then gets under some covers withthe victim and puts his "wiener" in her mouth. The victim said that this happened a lot. Itoccurs when Diane, defendant's wife, is at work.

Upon completing the interview with the victim, Sergeant Coles telephoned hissupervisor, Lieutenant Stalcup. Stalcup told Coles to ask the victim and her mother to cometo headquarters so he could speak to them. Stalcup and Coles then interviewed the victimtogether at the police station. The victim's mother was also present. Coles asked the victimto tell Lieutenant Stalcup what happens when she plays at defendant's house. The victimsaid that defendant tells his son, J.D., to go outside and play. She and defendant then lie onthe couch under the covers. Defendant then pulls down his pants and puts his "wiener" inher mouth. Defendant tells her not to tell anyone. He also gives her candy and lets her playwith his kittens afterwards. Sergeant Coles specifically asked the victim whether she sawdefendant's underwear. The victim said that she did not because defendant does not wearunderwear. The victim said she is afraid of defendant. The victim said that she keeps herclothes on under the covers and denied that defendant ever touched her anywhere else.

Lieutenant Stalcup observed Sergeant Coles interview the victim at policeheadquarters while the victim's mother was in the room. Stalcup reiterated Coles' testimonyabout the interview. Stalcup also testified that later that day he and Coles went todefendant's house and placed defendant under arrest. The next day, Stalcup interviewedM.J., one of the victim's brothers. M.J. told him that the week before defendant's arrest,defendant babysat for him, his two brothers, and the victim and spanked all of them becausethey were fighting. According to Stalcup, M.J. did not seem mad about being spanked. M.J.also told Stalcup that he had walked over to defendant's trailer looking for the victim. Whenhe entered, he saw the victim's head pop out from underneath covers on the couch. Defendant was also on the couch.

Susan Redmon, a Department of Children and Family Services (DCFS) employee,went to the South Roxana police department at Lieutenant Stalcup's request for assistancewith the instant case. Redmon met with the victim and her mother in a small room at policeheadquarters. Redmon stated that the mother was present but did not interfere with Redmon's interview of the victim. According to Redmon, the victim could distinguish her"fake" stuffed duck from her "real dog," could count, and knew her colors. Redmon testifiedthat the victim used the words "butt" and "pee-pee" and "wiener" for the parts ofanatomically correct dolls. Redmon recalled that without being specifically asked, thevictim started talking about her neighbor J.D. and his father and mother. The victim toldRedmon that defendant did a bad thing to her. She said that defendant did something badwhile J.D. was outside playing and defendant's wife, Diane, was at work. She said that sheand defendant would be under the blankets on the couch and that defendant would have hispants down around his feet. The victim said she did not remove any of her clothes. Thevictim told Redmon that after they were under the covers, defendant would put his "wiener"in her mouth and that his "wiener" would go in and out of her mouth. The victim said thather brothers were outside, except on one occasion when her brother M.J. saw her with herhead under the covers.

The victim told M.J. what defendant did to her. According to Redmon, the victimthen said that M.J. "told on her" to her mother. Redmon specifically asked the victim abouthis underwear, and the victim replied that defendant does not wear underwear. The victimalso said that sometimes when defendant put his "wiener" in her mouth it would make hercough. Redmon testified that the victim's concept of time was not good, but the victim didtell her that it was warm out when it occurred and that it happened more than once.

Kris J. testified that she lives with her boyfriend and four children, including thevictim, in a trailer park. Her trailer and defendant's trailer are separated only by a vacant lot. Defendant's son, J.D., is approximately 1