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PEOPLE v. LATHON

No. 1-99-0261.

740 N.E.2d 377 (2000)

317 Ill. App.3d 573

251 Ill.Dec. 296

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John LATHON, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

November 6, 2000.

Attorney(s) appearing for the Case

Michael J. Pelletier, Office of the State Appellate Defender, Chicago (Yasemin Eken, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb, William D. Carroll, Alan J. Spellberg and Clayton K. Harris III, of counsel), for Appellee.

Justice FROSSARD delivered the opinion of the court:

In Apprendi v. New Jersey, 530 U.S. 466, ___, 120 S.Ct. 2348, 2362-63, 147 L.Ed.2d 435, 455 (2000), the United States Supreme Court articulated the following constitutional rule and held: "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable...

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