In an opinion by Justice LAMPKIN, our Appellate Court holds that an extended term sentence based on 730 ILCS 5/5-8-2, imposed by Judge Alonso, must be vacated because the conviction upon which the extended term sentence was imposed did not occur within 10 years of the previous conviction. Below, the State had successfully argued that since the defendant had absconded for six years during the proceedings the 10 years requirement had been tolled. In vacating the extended term Justice LAMPKIN finds that, “the unambiguous plain language of the statute provides no tolling provision when a defendant causes a delay in proceedings thereby preventing a prior conviction from being a qualifying offense.” (Slip Opinion at p. 10). People v. Abraham Garcia, No. 1-08-1090, 12/31/2009.
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