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PEOPLE v. BUTLER

No. 85-3408.

154 Ill. App.3d 227 (1987)

507 N.E.2d 56

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIAM BUTLER, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed March 18, 1987.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Kathleen M. Pantle, Assistant Public Defendant, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., Christopher J. Cummings, and Michael L. Vittori, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE WHITE delivered the opinion of the court:

In this case we are asked to construe section 5-5-3 of the Unified Code of Corrections (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 1005-5-3). The trial court found defendant William Butler guilty of aggravated criminal sexual abuse. Since defendant had been convicted of burglary within 10 years prior to the commission of this offense, the trial court found that it could not sentence defendant...

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