Appeal from the Appellate Court for the Third District; heard
in that court on appeal from the Circuit Court of Will County,
the Hon. Angelo F. Pistilli, Judge, presiding.
JUSTICE CLARK DELIVERED THE OPINION OF THE COURT:
Burnell Robinson appeals the imposition of a sentence of 12 years for robbery, pursuant to the extended-term provisions of the Unified Code of Corrections, sections 5-8-2 and 5-5-3.2(b)(1) (Ill. Rev. Stat. 1979, ch. 38, pars. 1005-8-2, 1005-5-3.2(b)(1)). For the reasons stated below, we affirm.
Robinson and a co-defendant, Mack Bell, were jointly indicted in the circuit court of Will County for one count each of robbery and one count each of aggravated battery. On May 16, 1979, a jury found both defendants guilty on all counts. On August 8, 1979, the circuit court sentenced Robinson to an extended term of 12 years' imprisonment for robbery and a term of 5 years for aggravated battery, the sentences to run concurrently. Bell had previously been sentenced, in a separate proceeding, to concurrent terms of three years for robbery and two years for aggravated battery.
The appellate court, in a split decision, affirmed the imposition of the extended term on Robinson. (91 Ill. App.3d 1128.) Bell did not appeal his sentence, nor is he involved in the appeal to this court. The appellate court also, on the authority of People v. Cook (1980), 81 Ill.2d 176, vacated the circuit court's order that the public defender be reimbursed from the defendants' bail deposits.
At Robinson's sentencing hearing, the State introduced certified copies of four previous convictions. These were as follows:
January 17, 1958 — Armed robbery, Will County, paroled April 17, 1959;
February 8, 1967 — Robbery, Kane County, sentenced to six years, paroled April 11, 1969;
April 20, 1967 — Robbery, United States District Court, Northern District of Illinois, sentenced to 25 years, paroled December 1974;
June 12, 1967 — Robbery, Will County, sentenced to two to eight years, paroled April 9, 1969.
The 1958 conviction was introduced solely for the purpose of aggravation and not for the purpose of triggering the application of the extended-term provision.
The circuit court found that section 5-5-3.2(b)(1) was applicable to Robinson. That section provides:
"(b) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offender who was at least 17 years old on the date the crime was committed:
(1) When a defendant is convicted of any felony, after having been previously convicted in Illinois of the same or greater class felony, within 10 years, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts * * *." Ill. Rev. Stat. 1979, ch. 38, par. 1005-5-3.2(b)(1).
Section 5-5-3.2 was added to the Unified Code of Corrections by Public Act 80-1099, effective February 1, 1978. As the appellate court recognized, the question of the operation of the 10-year limitations period on the use of prior convictions as the ...