People v. Golden

PRESIDING JUSTICE SOUTH,

dissenting’:

I would find that the crime was committed in a brutal and heinous manner, indicative of wanton cruelty. I therefore respectfully dissent.

As the majority correctly notes, the issue is whether the Apprendi violation constituted plain error because defendant did not object at the time of trial. See People v. Crespo, 203 Ill. 2d 335, 347 (2001). I would find that the record supports a finding of brutal and heinous conduct.

In People v. La Pointe, 88 Ill. 2d 482, 501 (1981), our supreme court held that the phrase “ ‘brutal or heinous behavior, indicative of…