Legal Opinion

People v. Fields

Appellate Court of Illinois

Decided June 30, 2008No. 1-06-3182PublishedCited by 7 opinions

1Opinion of the CourtJustice South

This appeal arises from defendant Johnny Fields’ conviction for delivery of a controlled substance, a Class 2 felony (720 ILCS 570/ 401(d) (West 2004)), for which he was sentenced as a Class X offender based on his prior convictions to an eight-year prison term. On appeal, defendant contends that the mandatory provisions of the Class 2 sentencing statute (730 ILCS 5/5 — 8—1(a)(5) (West 2004)) and the mandatory Class X sentencing provisions (730 ILCS 5/5 — 5—3(c)(8) (West 2004)) are in direct conflict and ambiguous and, therefore, the rule of lenity requires that he be sentenced under the…

2Cases cited16 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. People v. PerryIllinois Supreme Court · 2007
  3. People v. KitchenIllinois Supreme Court · 1994
  4. People v. JamesonIllinois Supreme Court · 1994
  5. People v. ThomasIllinois Supreme Court · 1996

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3Cited by7 opinions

  1. People v. McFaddenAppellate Court of Illinois · 2014
  2. People v. ProutyAppellate Court of Illinois · 2008
  3. People v. LeeAppellate Court of Illinois · 2010
  4. People v. LaneIllinois Supreme Court · 2023
  5. In Re Jerome S.Appellate Court of Illinois · 2012

2 more not listed; retrieve them via the Exa API.

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