Docket No. 94633-Agenda 4-May 2003.
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JAMES 
P. GRAVES, Appellee.

Opinion filed September 18, 2003.

JUSTICE THOMAS delivered the opinion of the court:

The issue presented is whether the penalty for unauthorized theftof $20,000 from a victim over the age of 60 (720 ILCS 5/16-1(a)(1),(b)(5) (West 2000); 730 ILCS 5/5-5-3.2(b)(4)(ii), 5-8-2(b)(4) (West2000)) is unconstitutionally disproportionate to the penalty for theftby deception of $20,000 from a victim over the age of 60 (720 ILCS5/16-1(a)(2), (b)(7) (West 2000); 730 ILCS 5/5-8-1(a)(5) (West2000)). We hold that it is not.

BACKGROUND

While working as an investment representative at Edward Jones,defendant, James P. Graves, misappropriated a $20,000 checkentrusted to him by a 71-year-old man and his 93-year-old mother.Defendant later pleaded guilty to unauthorized theft of more than$10,000 but not more than $100,000, an offense that ordinarily is aClass 2 felony carrying a sentence of 3 to 7 years in prison. 720 ILCS5/16-1(a)(1), (b)(5) (West 2000); 730 ILCS 5/5-8-1(a)(5) (West2000). However, because the victims in this case were 60 years of ageor older, defendant was eligible for an extended-term sentence of 7 to14 years in prison. 730 ILCS 5/5-5-3.2(b)(4)(ii), 5-8-2(b)(4) (West2000). The circuit court of Bureau County imposed an extended-termsentence of 12 years and ordered defendant to pay the victims$20,000 in restitution.

Before the appellate court, defendant first argued that hisextended-term sentence was unconstitutional under the United StatesSupreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466,147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). In support, defendantnoted that the statutory aggravating factor in this case-i.e., the age ofthe victims-was neither charged in the indictment nor proven beyonda reasonable doubt. Citing this court's decision in People v. Jackson,199 Ill. 2d 286 (2002), the appellate court held that defendant's guiltyplea waived any Apprendi-based challenges to his sentence. 332 Ill.App. 3d 685, 688.

In the alternative, defendant argued that his 12-year sentenceviolates the proportionate penalties clause of the Illinois Constitution(Ill. Const. 1970, art. I,