What Is the Maximum Permissible Sentence for Two Class X Offenses ?

In People v. Pullen, 192 Ill. 2d 36, 733 N.E.2d 1235, 248 Ill. Dec. 237 (2000), the defendant committed five counts of burglary, a Class 2 offense (720 ILCS 5/19-1(b) (West 1994)), and the issue was the maximum length of consecutive sentences a court could impose under section 5-8-4(c)(2) of the Unified Code (730 ILCS 5/5-8-4(c)(2) (West 1994)). Pullen, 192 Ill. 2d at 40, 733 N.E.2d at 1237. The defendant's prior convictions subjected him to sentencing as a Class X offender under section 5-5-3(c)(8) of the Unified Code (730 ILCS 5/5-5-3(c)(8) (West 1994)). Pullen, 192 Ill. 2d at 41, 733 N.E.2d at 1238. At the time the defendant committed the offenses, section 5-8-4(c)(2) of the Unified Code provided, in pertinent part, the following: "'The aggregate of consecutive sentences shall not exceed the sum of the maximum terms authorized under section 5-8-2 of the Unified Code (730 ILCS 5/5-8-2 (West 1994)) for the two most serious felonies involved.'" Pullen, 192 Ill. 2d at 40, 733 N.E.2d at 1237, quoting 730 ILCS 5/5-8-4(c)(2) (West 1994). The issue was then "whether the maximum permissible sentence was 120 years--the sum of the maximum permissible extended-term sentences for two Class X offenses (730 ILCS 5/5-8-2(a)(2) (West 1994))--or 28 years--the sum of the maximum permissible extended-term sentences for two Class 2 offenses (730 ILCS 5/5-8-2(a)(4) (West 1994))." Pullen, 192 Ill. 2d at 42, 733 N.E.2d at 1238. The Pullen court noted the only felonies involved were burglaries, and burglary is explicitly defined as a Class 2 felony (720 ILCS 5/19-1(b) (West 1994)). Pullen, 192 Ill. 2d at 42-43, 733 N.E.2d at 1238. Under section 5-8-2(a)(4) of the Unified Code (730 ILCS 5/5-8-2(a)(4) (West 1994)), the maximum sentence for a Class 2 felony was 14 years, and thus the maximum aggregate sentence was 28 years. Pullen, 192 Ill. 2d at 43, 733 N.E.2d at 1238. The court specifically noted the character and classification of the defendant's felony convictions remain unchanged, notwithstanding he or she is subject to the sentence enhancement in section 5-5-3(c)(8) of the Unified Code. Pullen, 192 Ill. 2d at 46, 733 N.E.2d at 1240.