People v. Hurd

── People v. Hurd ── Court: Appellate Court of Illinois Date: May 11, 2026 Category: General NOTICE 2026 IL App (5th) 241358-U NOTICE Decision filed 05/11/26. The This order was filed under text of this decision may be NO. 5-24-1358 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1). APPELLATE COURT OF ILLINOIS FIFTH DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Williamson County. ) v. ) No. 24-CF-73 ) VICTOR X. HURD, ) Honorable ) Michelle M. Schafer, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________ JUSTICE BOLLINGER delivered the judgment of the court. Justices Vaughan and Hackett concurred in the judgment. ORDER ¶1 Held: We affirm defendant’s sentence where postplea counsel strictly complied with Illinois Supreme Court Rule 604(d) and where defendant’s sentence was not excessive. ¶2 Defendant, Victor X. Hurd, pleaded guilty to a single count of unlawful possession with the intent to deliver a controlled substance, a Class 1 felony alleging defendant possessed between 1 and 15 grams of a substance containing cocaine (720 ILCS 570/401(c)(2) (West 2022)). After a sentencing hearing, defendant was sentenced to 12 years in the Illinois Department of Corrections. Defense counsel filed a motion to reconsider defendant’s sentence, alleging his sentence was excessive. During the hearing on that motion, defense counsel argued that defendant’s sentence was disproportionate to that of his codefendant, who had received a sentence of eight years to the Illinois Department of Corrections as a result of a sentencing hearing after his own plea of guilty. 1 The circuit court denied defendant’s motion to reconsider. Defendant now appeals the denial of his motion to reconsider, claiming there was not strict compliance with Illinois Supreme Court Rule 604(d) (eff. Apr. 15, 2024) and that, in the alternative, his sentence was excessive. See Ill. S. Ct. R. 604(d) (eff. Apr. 15, 2024). For the following reasons, we affirm. ¶3 I. BACKGROUND ¶4 On January 29, 2024, defendant was charged by information with one count of unlawful possession with intent to deliver a controlled substance, a Class X felony alleging possession of 15-100 grams of a substance containing cocaine (720 ILCS 570/401(a)(2)(A) (West 2022)), one count of unlawful possession of methamphetamine with intent to deliver, a Class 1 felony alleging possession of between 5-15 grams of a substance containing methamphetamine (720 ILCS 646/55(a)(2)(B) (West 2022)), and two counts of armed violence, a Class X felony (720 ILCS 5/33A-2(a) (West 2022)), following the execution of a search warrant on 102 Kennedy Street, Colp, Illinois. On April 22, 2024, defenda