People v. Rivera

Defendant, Ellis Rivera, appeals his sentence of 10 years’ imprisonment imposed by the circuit court pursuant to section 5 — 5—3(c)(8) of the Unified Code of Corrections (the Code) (730 ILCS 5/5 — 5—3(c)(8) (West 2002)). Defendant contends that the circuit court improperly relied on a presentence investigation (PSI) to prove “facts other than the fact of a prior conviction” to enhance his Class 2 felony offense for possession of a stolen motor vehicle to a Class X offense. For the reasons that follow, we affirm the judgment of the circuit court.

BACKGROUND

Defendant was charged by information…