People v. Stewart
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In 2016, Stewart, then 20 years old, was charged with possession of a stolen motor vehicle, a Class 2 felony. While the case was pending, Stewart turned 21. In 2017, a jury found Stewart guilty. The trial court found that Stewart was subject to mandatory Class X sentencing under section 5-4.5-95(b): When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 felony was committed) classified in Illinois as a Class 2 or greater Class felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender. Stewart had a 2013 conviction for residential burglary, a Class 1 felony, and a 2014 conviction for possession of a stolen motor vehicle, a Class 2 felony. The trial court found Stewart eligible for Class X sentencing and sentenced him to the statutory minimum term of six years’ imprisonment.
The Illinois Supreme Court affirmed that Stewart’s first felony offense, committed when he was 17 years old, was not a qualifying offense for Class X sentencing and could not serve as a basis for Class X sentencing eligibility.
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