Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Douglas

April 05, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
GRAYLIN T. DOUGLAS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois No. 98-CF-1047 Honorable Michael E. Brandt, Judge, Presiding

The opinion of the court was delivered by: Justice Holdridge

Released for publication April 16, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
GRAYLIN T. DOUGLAS, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois No. 98-CF-1047 Honorable Michael E. Brandt, Judge, Presiding

The opinion of the court was delivered by: Justice Holdridge

PUBLISHED

 The defendant, Graylin T. Douglas, pled guilty to unlawful possession with intent to deliver less than one gram of cocaine. 720 ILCS 570/401(d) (West 1998). He received an extended term sentence of eight years' imprisonment based on a prior conviction. 730 ILCS 5/5--5--3.2(b)(1) (West 2000). He filed a pro se post-conviction petition in which he argued that his extended term sentence is unconstitutional under the Supreme Court's holding in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). His petition was summarily dismissed. On appeal, the defendant argues that (1) his petition should not have been dismissed because his extended term sentence is unconstitutional under Apprendi, and (2) Public Act 83--942, (Pub. Act 83--942, eff. November 23, 1983), which amended the Post-Conviction Hearing Act, violates the single subject rule of the Illinois Constitution. We affirm.

BACKGROUND

The defendant pled guilty to possession with intent to deliver cocaine in exchange for the State dismissing another charge and an agreement that the State would not seek more than the maximum nonextended term sentence, even though the defendant was eligible for an extended term sentence. The defendant further agreed, however, that his plea would be treated as a blind plea if he failed to appear for sentencing.

The defendant failed to appear at his sentencing hearing and was sentenced to an eight-year extended term of imprisonment. He filed a motion to reconsider sentence, which was denied.

The defendant filed a timely pro se post-conviction petition in which he argued that his extended term sentence was unconstitutional under Apprendi. The trial court dismissed his petition as frivolous and patently without merit on the grounds that Apprendi explicitly excluded sentences based on prior convictions from its holding. The defendant appeals from the dismissal of his post-conviction petition.

ANALYSIS

Possession with intent to deliver less than one gram of cocaine is a Class 2 felony (720 ILCS 570/401(d) (West 1998)) with a sentencing range of three to seven years' imprisonment (730 ILCS 5/5--8--1(a)(5) (West 2000)). A judge may sentence a defendant to an extended term of imprisonment (730 ILCS 5/5--8--2 (West 2000)) if the judge finds an aggravating factor, such as a prior felony conviction (730 ILCS 5/5--5--3.2(b)(1) (West 2000)), to be present. The extended ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.