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PEOPLE v. DAIL

No. 3-87-0461.

171 Ill. App.3d 308 (1988)

525 N.E.2d 588

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT DAIL, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed June 29, 1988.

Attorney(s) appearing for the Case

Frank W. Ralph, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward F. Masters, State's Attorney, of Joliet (Gary F. Gnidovec, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment reversed.

JUSTICE HEIPLE delivered the opinion of the court:

After a jury trial in the circuit court of Will County, Robert Dail was convicted of possession of a stolen motor vehicle, a Class 2 felony. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 4-103(a)(1).) The trial court sentenced the defendant to a seven-year term of imprisonment. The defendant appeals on grounds that the penalty provision of the statute under which he was convicted is unconstitutional...

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