People v. Brown

              No. 2--04--1099
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ))
v. ) No. 03--CF--1756
)
ROBERT D. BROWN, ) Honorable
) Joseph G. McGraw,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE CALLUM delivered the opinion of the court:
Following a jury trial, defendant, Robert D. Brown, was convicted of home invasion (720
ILCS 5/12--11(a)(1) (West 2002)). The State moved to sentence defendant as an habitual criminal
pursuant to section 33B--1 of the Criminal Code of 1961 (Code) (720 ILCS 5/33B--1 (West 2002)).
After a sentencing hearing, the trial court adjudged defendant an habitual criminal and sentenced him
to the Department of Corrections for natural life in prison without chance for parole. Defendant's
motion to reconsider the sentence was denied, and this appeal followed. We affirm.
Defendant contends that the trial court erred in sentencing him under the habitual offender
statute. Section 33B--1 of the Code provides:
"(a) Every person who has been twice convicted in any state or federal court of an
offense that contains the same elements as an offense now classified in Illinois as a Class X