from the Circuit Court of La Salle County, No. 14-CF-370; the
Hon. Howard C. Ryan Jr., Judge, presiding.
Michael J. Pelletier, Peter A. Carusona, and Jay Wiegman, of
State Appellate Defender's Office, of Ottawa, for
Donnelly, State's Attorney, of Ottawa (Patrick Delfino,
Lawrence M. Bauer, and Gary F. Gnidovec, of State's
Attorneys Appellate Prosecutor's Office, of counsel), for
JUSTICE LYTTON delivered the judgment of the court, with
opinion. Justice Wright concurred in the judgment and
opinion. Justice Schmidt dissented, with opinion.
1 Defendant, Richard C. Young, appeals his convictions and
sentences, contending that he should receive a new sentencing
hearing because the record fails to demonstrate that he was
eligible for extended-term sentencing. We vacate and remand.
3 A jury found defendant guilty of two counts of burglary
(720 ILCS 5/19-1(a) (West 2014)). The circuit court ordered
the preparation of a presentence investigation report (PSI)
and continued the matter for sentencing.
4 The PSI was filed prior to the sentencing hearing. The PSI
showed that on December 23, 2004, defendant was convicted of
a Class 1 felony and sentenced to six years'
imprisonment. The PSI did not include the dates defendant was
taken into or released from the custody of the Department of
Corrections (DOC) for this sentence. The PSI also showed that
in 2008 defendant was convicted of two Class 3 felonies and
sentenced to 6½ years' imprisonment. The PSI also
did not include the dates defendant was taken into or
released from the custody of the DOC for this sentence.
5 By agreement, the parties added a certified copy of
defendant's 2008 Class 3 felony convictions to the PSI.
The certified copy showed that defendant spent 150 days in
pretrial custody before he was sentenced, but the document
did not include the time defendant spent in custody after
6 On August 6, 2015, the circuit court held a sentencing
hearing. The circuit court inquired as to whether defendant
was eligible for extended-term sentencing based on
defendant's Class 1 felony conviction in 2004.
Specifically, the court wanted to know if, excluding the time
defendant spent in custody, defendant's 2004 conviction
fell within 10 years of defendant's convictions in this
case. The State told the court,
"I wasn't able to ascertain an exact date, judge,
but based on my calculation, and I did look in to this, we
are within the ten years based on all his pretrial
incarceration and the time he spent in custody. Also when he
was incarcerated on the Class 3 he received six and a half
years on that, and we're within the ten years based on
the statute and the case law."
court asked defense counsel if he agreed, and counsel
replied, "Judge, I have no knowledge. I've tried to
calculate it myself. I think it's very, very close. It
would be within days I believe." The court responded,
"[the] only reason I'm asking is I'm looking for
a date. He was sentenced on that particular matter in
December of 2004, and he ...