Does the Term ''convicted'' Refer to Defendant's Age at the Time of Conviction ?

In People v. Baaree, 315 Ill. App. 3d 1049, 735 N.E.2d 720, 249 Ill. Dec. 116 (2000), the defendant challenged his mandatory Class X sentence by arguing that the phrase "when 'a defendant over the age of 21 years, is convicted of a Class 1 or Class 2 felony'" was ambiguous because the term "is convicted" was subject to multiple interpretations. Baaree, 315 Ill. App. 3d at 1051. This court agreed, determining that the term "convicted" was ambiguous and finding: Under a plain reading of the statute, it appears that a defendant's age at the time of conviction is the deciding factor in determining whether the statute will apply. It is therefore necessary to determine what is meant by the term 'convicted.'" Baaree, 315 Ill. App. 3d at 1051. This court held that for purposes of section 5-5-3(c)(8), a defendant is "convicted" when he is adjudicated guilty by the trial court. Baaree, 315 Ill. App. 3d at 1052-53. In People v. Williams, 358 Ill. App. 3d 363, 832 N.E.2d 925, 295 Ill. Dec. 475 (2005), defendant sought interpretation of section 5-5-3(c)(8) so that it would be triggered when a defendant is over 21 years of age at the time the charged offense is committed. Williams, 358 Ill. App. 3d at 365. The court found that when Baaree was decided, the court resolved an ambiguity in section 5-5-3(c)(8) and also impliedly resolved the issue raised by the defendant because the court specifically found that "'under a plain reading of the statute, it appears that a defendant's age at the time of conviction is the deciding factor in determining whether the statute will apply.'" Williams, 358 Ill. App. 3d at 366, quoting Baaree, 315 Ill. App. 3d at 1051. Consistent with the holding in Baaree, the court in Williams found that "over the age of 21 years" for purposes of section 5-5-3(c)(8) referred to the time at which a defendant is "convicted" or adjudicated guilty and not the time when the offense was committed. Williams, 358 Ill. App. 3d at 366.