Burgos v. State
Burgos v. State
Opinion of the Court
Burgos was convicted of lewd and lascivious molestation of a child under twelve. Because the State failed to offer proof of Burgos’ age (thirty years old), the court entered a conviction as one for a person under eighteen. This was a second degree felony. The court then sentenced defendant as an habitual violent felony offender to thirty years in prison based on his prior Illinois conviction for “armed violence.”
REVERSED and REMANDED.
. This offense provides: "A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois law.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.