People v. Lucas

After trial by jury in the circuit court of Macoupin County, defendant, Russell Lucas, was, on October 17, 1979, convicted of aggravated battery occurring on June 16,1979. He was then sentenced to an extended term of 6 years’ imprisonment. On appeal he asserts (1) the Illinois provision for extended term imprisonment (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 5—3.2(b)(1)) is unconstitutional and his sentence is, therefore, improper, (2) closing argument comment by the State on his in-custody silence was reversible error, and (3) the court erred in admitting hearsay testimony of a…