People v. Swift

In this appeal we are asked to review the constitutionality of defendant’s 80-year extended-term sentence in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). The central issue is one of construction of the Illinois sentencing statutes that establish the penalties for first degree murder. Specifically, we must determine, for purposes of Apprendi analysis, whether the Illinois “sentencing range” for that crime is 20 to 60 years’ imprisonment, 20 years’ to life imprisonment, or 20 years’ imprisonment to death. We conclude…