Appeal from the Circuit Court of Cook County 98 CR 22437 The Honorable Henry R. Simmons, Jr., Judge Presiding.
The opinion of the court was delivered by: Justice Cousins
Defendant-appellant, Henry Young, appeals from a judgment revoking his probation and sentencing him to nine years' imprisonment. Defendant presents the following issues upon appeal: (1) whether the trial court's order revoking probation and imposing a 9-year sentence was void because he was not originally eligible for probation; (2) whether the mandatory Class X sentencing provision of section 5-5-3(c)(8) of the Unified Code of Corrections (Code) (730 ILCS 5/5-5-3(c)(8) (West 1998)) violates the right of a defendant to due process and trial by jury because it subjects the defendant to increased punishment without notice or a jury finding upon proof beyond a reasonable doubt of the facts qualifying defendant for Class X sentencing; and (3) whether his case must be remanded so that he is credited with 546 days' sentence credit.
In August 1998, defendant was charged with aggravated possession of a stolen motor vehicle (APSMV) and possession of a stolen motor vehicle (PSMV). On April 9, 1999, defendant pled guilty to both counts. He was approved to participate in residential treatment with Treatment Alternatives for Safe Communities (TASC) and placed on three years' probation. The following colloquy occurred at that sentencing:
"THE COURT: State reluctantly gave up the right to a Pre- Sentence Investigation and they are arguing that he can't get TASC by law.
MR. ROSENBLUM [Assistant State's Attorney]: If I can just put on the record--
THE COURT: I just did it for that; that by law they believe he can't get TASC.
I am invoking judicial amity entrusted to me by state law in this case, all right?
That is your sentence. If you want to change your mind you have 30 days to do it. ***
I recognize your drug addiction, but if you do not comply in any way with TASC--
You're 53 years old. Do you understand that? You're 53 years old. I am taking into consideration your age, your drug addiction.
But if you don't comply with TASC in any way, shape or form, you will go to the penitentiary. It's your last--
Basically your last chance. Take advantage of it."
On August 23, 1999, while on probation, defendant was arrested for PSMV. On October 1, 1999, the State filed a three-count petition for violation of probation and warrant alleging PSMV, failure to report to the adult probation department, and failure to comply with TASC rules. A hearing was held on the State's motion for violation of probation on June 12, 2000.
At that hearing, the vehicle owner and two investigative officers testified for the State. After the State's case, defendant made a motion for directed judgment on the charge of possession of a stolen motor vehicle, asserting that there was no testimony that defendant possessed a vehicle. Defendant asserted that there was no evidence that he committed a theft and no evidence that he knew the car was stolen. The motion was denied.
Defendant testified at the hearing. After the close of defendant's case, the parties stipulated that defendant had previously been convicted of APSMV on April 9, 1999. Further, they stipulated that ...