{
  "id": 564611,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS L. PULLEN, Defendant-Appellant",
  "name_abbreviation": "People v. Pullen",
  "decision_date": "1999-04-16",
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    {
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  "last_updated": "2023-07-14T16:20:24.702805+00:00",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS L. PULLEN, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE LYTTON\ndelivered the opinion of the court:\nThe issue presented in this case is how a trial court determines the maximum length of consecutive sentences: (1) by the class of felony of which the defendant is convicted, or (2) by the class of felony for which he is sentenced. We conclude that the maximum length of consecutive sentences should be measured by the class of felony for which the defendant was convicted. See People v. Ritchey, 286 Ill. App. 3d 848, 677 N.E.2d 978 (1997). We reverse and remand for further proceedings.\nAt the guilty plea hearing, the prosecutor informed the court that the State and the defendant had agreed on the terms for a guilty plea. Under the terms,of the agreement, the defendant would plead guilty to all five counts of burglary. He would then be sentenced to 15-year terms of imprisonment on each count. Three of the burglaries occurred on one day and the two other burglaries occurred on a separate day. Therefore, the sentences for the burglaries occurring on the same day would be concurrent with each other, but consecutive to those occurring on the other day.\nThe prosecutor also advised the court that although each burglary was a Class 2 felony, each offense was subject to a Class X sentence because of the defendant\u2019s prior criminal history. See 730 ILCS 5/5\u20145\u20143(c)(8) (West 1996). Therefore, instead of a Class 2 sentencing range of 3 to 7 years\u2019 imprisonment, the defendant would be sentenced to a Class X range of imprisonment of 6 to 30 years on each count. See 730 ILCS 5/5\u20148\u20141(a)(3), (a)(5) (West 1996).\nThe court then admonished the defendant that the law was unclear about the maximum possible consecutive sentences he could receive. If he were sentenced under the minimum Class 2 felonies, the maximum could be 28 years\u2019 imprisonment; if sentenced under a Class X term, 120 years\u2019 imprisonment. After the defendant had been fully admonished, the court accepted the fully negotiated plea. The defendant subsequently filed a motion to withdraw his guilty plea, which the trial court denied.\nOn appeal, the defendant contends that the trial court erred in denying his motion to -withdraw his guilty plea because his sentences are void. He argues that the maximum sentence he could have received was limited to the sum of the maximum extended-term sentence for two Class 2 felonies, i.e., 28 years.\nThe Unified Code of Corrections (Code) mandates that when a defendant is convicted of a Class 1 or Class 2 felony, after having twice been convicted of any Class 2 or greater class felonies in Illinois, the defendant shall be sentenced as a Class X offender. See 730 ILCS 5/5\u20145\u20143(c)(8) (West 1996).\nBut the Code also requires that the aggregate of consecutive sentences shall not exceed the sum of the maximum terms authorized under section 5\u20148\u20142 of the Code for the two most serious felonies involved. 730 ILCS 5/5\u20148\u20142(c)(2) (West 1996). Section 5\u20148\u20142 of the Code allows extended sentences of not less than 30 nor more than 60 years\u2019 imprisonment for a Class X felony, and not less than 7 nor more than 14 years\u2019 imprisonment for a Class 2 felony. 730 ILCS 5/5\u20148\u20142(a)(2), (a)(4) (West 1996).\nHere, based on the defendant\u2019s prior convictions, the sentencing range for the defendant\u2019s Class 2 burglary convictions was properly enhanced to a Class X level. See 730 ILCS 5/5\u2014 5\u20143(c)(8) (West 1996). Thus, the defendant could have been sentenced to not less than 6 nor more than 30 years\u2019 imprisonment on each count of burglary. 730 ILCS 5/5\u20148\u20141(a)(3) (West 1996). However, since the trial court sentenced the defendant to consecutive sentences, the aggregate of the consecutive sentences could not exceed the sum of the maximum extended-term sentences available for the \u201c[two] most serious felonies involved.\u201d See 730 ILCS 5/5\u20148\u20144(c)(2) (West 1996). We must decide whether the \u201ctwo most serious felonies involved\u201d refers to the Class 2 burglary felonies or the enhanced Class X sentences.\nIn People v. Olivo, 183 Ill. 2d 339, 701 N.E.2d 511 (1998), our supreme court recently found that the enhanced sentencing provisions under section 5\u20145\u20143(c)(8) of the Code elevated only the sentencing range and not the class of the crime. In that case, the defendant had been convicted of a Class 2 felony and was found eligible for a Class X sentence based upon his prior convictions. The trial court then found him eligible for a Class X extended-term sentence. The supreme court reversed, finding that since defendant had never been convicted of a Class X felony, a Class X extended-term sentence could not be imposed.\nSimilarly, in this case the \u201ctwo most serious felonies involved\u201d must refer to the class of the felony of which the defendant was convicted and not the enhanced Class X sentence. The crimes at issue are considered Class 2 for consecutive sentencing purposes. See People v. Ritchey, 286 Ill. App. 3d 848, 677 N.E.2d 978 (1997). The maximum extended-term sentence for a Class 2 felony is 14 years\u2019 imprisonment. 730 ILCS 5/5\u20148\u20142(a)(4) (West 1996). The sum of two maximum extended-term Class 2 sentences is 28 years\u2019 imprisonment. The trial court erred when it sentenced the defendant to a total of 30 years\u2019 imprisonment. A sentence that does not conform to a statutory requirement is void. People v. Arna, 168 Ill. 2d 107, 658 N.E.2d 445 (1995). Accordingly, we reverse the trial court\u2019s order denying the defendant\u2019s motion to withdraw his guilty plea and remand this cause for further proceedings.\nBecause of our resolution of the foregoing issue, we need not address the defendant\u2019s remaining contention.\nThe judgment of the circuit court of Bureau County is reversed and remanded.\nReversed and remanded.\nHOLDRIDGE, EJ., and KOEHLER, J., concur.\nWe realize that our decision conflicts with People v. Perkins, 274 Ill. App. 3d 834, 655 N.E.2d 325 (1995), but in light of People v. Olivo, we believe Perkins does not state the current state of the law.",
        "type": "majority",
        "author": "JUSTICE LYTTON"
      }
    ],
    "attorneys": [
      "Peter A. Carusona, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Marc Bernabei, State\u2019s Attorney, of Princeton (John X. Breslin and Terry A. Mertel, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS L. PULLEN, Defendant-Appellant.\nThird District\nNo. 3\u201497\u20140867\nOpinion filed April 16, 1999.\nPeter A. Carusona, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nMarc Bernabei, State\u2019s Attorney, of Princeton (John X. Breslin and Terry A. Mertel, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0294-01",
  "first_page_order": 312,
  "last_page_order": 315
}