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PEOPLE v. SHEPHARD

No. 72085.

605 N.E.2d 518 (1992)

152 Ill.2d 489

178 Ill.Dec. 724

The PEOPLE of the State of Illinois, Appellant, v. O.C. SHEPHARD, a/k/a O.C. Shepherd, a/k/a O.C. Shepard, Appellee.

Supreme Court of Illinois.

October 22, 1992.

Attorney(s) appearing for the Case

Roland Burris, Atty. Gen., Springfield, Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb and Donald J. Mizerk, Asst. State's Attys., of counsel), for the People.

Rita A. Fry, Asst. Public Defender, Chicago (Timothy J. Leeming, Asst. Public Defender, of counsel), for appellee.

Justice FREEMAN delivered the opinion of the court:

Defendant, O.C. Shephard, was charged with offenses that related, inter alia, to drug possession. Prior to trial, the circuit court of Cook County ruled that a penalty enhancement statute was unconstitutional as applied in certain cases. The State appeals directly to this court (134 Ill.2d R. 603), and we reverse.

BACKGROUND

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