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PEOPLE v. HAAK

No. 73-229.

25 Ill. App.3d 105 (1975)

323 N.E.2d 145

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BYRON HAAK, Defendant-Appellant.

Appellate Court of Illinois — Second District.

February 3, 1975.

Attorney(s) appearing for the Case

George Pease, Public Defender, of Waukegan (Michael J. Boyd, Assistant Public Defender, of counsel), for appellant.

Jack Hoogasian, State's Attorney, of Waukegan (James W. Jerz, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed, sentence vacated, and cause remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

After a jury trial, the defendant was found guilty of reckless homicide and sentenced to imprisonment for 1 to 6 years. He appeals, contending (1) the statute setting forth the offense of reckless homicide is unconstitutional, and (2) the trial court erred in sentencing him under the extended-term provision of the Unified Code...

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