People v. Wilkins

Defendant, Jerry A. Wilkins, was convicted of possession of cannabis with intent to deliver within 1,000 feet of a school (720 ILCS 550/5.2(b) (West 2000)). The fact that the offense took place within 1,000 feet of a school raised the offense from a Class 3 to a Class 2 felony. Defendant was sentenced to 10 years’ imprisonment, 3 years more than the maximum sentence for a Class 2 felony. The trial court denied his motion to reconsider his sentence. He appeals, arguing that the court erred in sentencing him because (1) the court erroneously believed the offense was nonprobationable, (2) the…