Case Involving Improper Sentence As a Class X Offender
In People v. Brooks, 202 Ill. App. 3d 164, 172, 559 N.E.2d 859, 147 Ill. Dec. 519 (1990), on direct appeal, the Court found the trial court improperly sentenced the defendant as a Class X offender to 10 years in prison where the State failed to prove the defendant's prior offenses were committed in the sequence required under the relevant sentencing statute to trigger a Class X sentence.
The State argued that vacatur of the defendant's sentence was unnecessary because an extended-term sentence of 10 years was warranted based on the aggravating factors presented at the sentencing hearing. the Court rejected the State's argument, vacated the defendant's sentence and remanded for a new sentencing hearing to allow the trial court, in the first instance, to determine the appropriate sentence. Brooks, 202 Ill. App. 3d at 171-73.