People v. Lemons

PRESIDING JUSTICE KNECHT

delivered the opinion of the court:

Following a bench trial, defendant was convicted of aggravated battery and resisting a peace officer (720 ILCS 5/12—4(b)(8), 31—1 (West 1996)). He received an extended 10-year term of imprisonment for the aggravated battery and a concurrent 364-day sentence on the resisting conviction. On appeal, defendant contends the court erred in imposing an extended term under section 5—5—3.2(b)(1) of the Unified Code of Corrections (Code) (730 ILCS 5/5—5—3.2(b)(1) (West 1996)) because the prior conviction used to qualify defendant for the…