People v. Smith

Petitioner, Green Smith, appeals from the trial court’s summary dismissal of his postconviction petition. In the appeal, petitioner contends that the statute under which he was sentenced violates Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000).

On March 27, 1987, following a bench trial, petitioner was convicted of possession of a controlled substance with intent to deliver (heroin), a Class X offense. At the sentencing hearing, the parties stipulated that petitioner had prior federal court convictions for continuing criminal enterprise and conspiracy to…