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PEOPLE v. HOLMES

No. 3-09-0184.

937 N.E.2d 762 (2010)

344 Ill.Dec. 739

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carlos R. HOLMES, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 15, 2010.

Attorney(s) appearing for the Case

Byron Kohut, Office of the State Appellate Defender, Ottawa, for Carlos R. Holmes.

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, James A. Devine, State's Attorney, Iroquois County Courthouse, Watseka, Dawn D. Duffy, State's Attorneys Appellate Prosecutor, Ottawa, for People.

Justice SCHMIDT delivered the opinion of the court:

Defendant, Carlos Holmes, appeals his 20-year sentence of imprisonment following a conviction for unlawful delivery of a controlled substance. 720 ILCS 570/401(c)(2) (West 2006). Defendant claims the circuit court of Iroquois County erred when sentencing him as a Class X offender pursuant to the habitual offender provision of section 5-5-3 of the Unified Code of Corrections (Unified Code). 730 ILCS 5/5-5-3(c)(8)...

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