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People v. Smart

January 26, 2000

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
DAVID SMART, DEFENDANT-APPELLANT.



Appeal from Circuit Court of Pike County No. 97CF34 Honorable Michael R. Roseberry, Judge Presiding.

The opinion of the court was delivered by: Justice Garman

IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS

A jury convicted defendant David Smart of burglary, a Class 2 felony, for stealing a purse from a Subway shop. 720 ILCS 5/19-1 (West 1998). Because defendant had committed multiple prior felonies, the court sentenced him under section 5-5-3(c)(8) of the Unified Code of Corrections (Code) (730 ILCS 5/5-5-3(c)(8) (West 1998)) as a Class X offender to 16 years' imprisonment and 3 years' mandatory supervised release. The sole issue raised by defendant on appeal is whether the trial court was authorized to sentence him to three years' mandatory supervised release applicable to Class X felonies. He argues that the trial court was only authorized to sentence him to two years' mandatory supervised release applicable to Class 2 felonies. We affirm.

Section 5-5-3(c)(8) of the Code provides, in relevant part, as follows:

"When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted of any Class 2 or greater Class felonies in Illinois, and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be sentenced as a Class X offender." 730 ILCS 5/5-5-3(c)(8) (West 1998).

Section 5-5-3(c)(8) enhances the punishment, but not the grade, of the offense. People v. Thomas, 171 Ill. 2d 207, 224, 664 N.E.2d 76, 85 (1996). Defendant argues that section 5-5-3(c)(8) authorizes enhancement only of the term of imprisonment, not the term of mandatory supervised release. He contends that the plain language of section 5-8-1(d) of the Code (730 ILCS 5/5-8-1(d) (West 1998)), which sets forth the mandatory supervised release terms applicable to various offenses, defines the applicable term in terms of the classification of the felony, not according to the sentence. Since he was convicted of a Class 2 felony, he should have received only a two-year supervised release term.

The State responds that defendant's interpretation of section 5-8-1(d) of the Code requires it to be read inconsistently with the parallel section 5-8-1(a). The relevant provisions of section 5-8-1 are as follows:

"(a) Except as otherwise provided in the statute defining the offense, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this [s]section, according to the following limitations:

(3) except as otherwise provided in the statute defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years;

***

(5) for a Class 2 felony, the sentence shall be not less than 3 years and not more than 7 years[.]

(d) Except where a term of natural life is imposed, every sentence shall include as though written therein a term in addition to the term of imprisonment. *** For those sentenced on or after February 1, 1978, such term shall be identified as a mandatory supervised release term. Subject to earlier termination under [s]section 3-3-8, the *** mandatory supervised release term shall be as follows:

(1) for first degree murder or a Class X felony, 3 years;

(2) for a Class 1 felony or a Class 2 felony, 2 years." 730 ILCS 5/5-8-1(a)(3), ...


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