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PEOPLE v. BAINTER

Nos. 65362, 65953.

126 Ill.2d 292 (1989)

533 N.E.2d 1066

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. VIRGIL BAINTER, Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. MELVIN THOMAS, Appellant.

Supreme Court of Illinois.

Opinion filed January 18, 1989.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, of Mt. Vernon, and Lori J. Lanciani, Assistant Defender, of Springfield, both of the Office of the State Appellate Defender, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Shawn W. Denney, Solicitor General, and Terence M. Madsen and Arleen C. Anderson, Assistant Attorneys General, of Chicago, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Mark D. Fisher, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Shawn W. Denney, Solicitor General, and Terence M. Madsen and Arleen C. Anderson, Assistant Attorneys General, of Chicago, of counsel), for the People.

Appellate court reversed; circuit court affirmed. Judgment reversed; cause remanded.

JUSTICE MILLER delivered the opinion of the court:

In these consolidated appeals we must determine whether sections 5-8-1(f) and 5-8-4(a) of the Unified Code of Corrections (Ill. Rev. Stat. 1985, ch. 38, pars. 1005-8-1(f), 1005-8-4(a)) are in violation of the separation of powers clause of the Illinois Constitution (Ill. Const. 1970, art. II, § 1) as an impermissible...

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