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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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