People v. Jackson

              THIRD DIVISION
March 14, 2007
No. 1-04-3660
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 01CR22931
)
LEWIS JACKSON, ) The Honorable
) Frank G. Zelezinski,
Defendant-Appellant. ) Judge Presiding.
JUSTICE GREIMAN delivered the opinion of the court:
A jury found defendant Lewis Jackson guilty of first degree murder and additionally
found that the murder resulted from exceptionally brutal or heinous behavior indicative of
wanton cruelty and had been committed during the course of an armed robbery. The trial court
sentenced defendant to an extended term of natural life in prison. On appeal, defendant contends
(1) that the State failed to prove the charge of first degree murder beyond a reasonable doubt; (2)
that the court erred in denying defendant’s motion to quash his arrest and suppress statements
made thereafter when the police did not have probable cause to arrest defendant; (3) that
defendant was deprived of a fair trial by the admission of prejudicial other crimes evidence that
his DNA profile was contained in a database and that he used drugs; (4) that defendant was
deprived of a fair trial by the State’s closing comments; (5) that section 111-3(c-5) of the Code of
Criminal Procedure of 1963 (the Code) (725 ILCS 5/111-3(c-5) (West 2004)), pursuant to which
defendant was found eligible for an extended-term sentence, is unconstitutional; (6) that the trial
court erred in refusing to bifurcate the guilt/innocence portion of the trial from the extended-term
eligibility portion of the trial; (7) that the court erred in failing to define wanton cruelty to the