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CARTER v. PETERS

No. 93-3328.

26 F.3d 697 (1994)

Kenneth CARTER, Plaintiff-Appellant, v. Harold PETERS, III, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 1994.

Attorney(s) appearing for the Case

Donald S. Honchell (argued), Office of Cook County Public Defender, Chicago, IL, for petitioner-appellant.

Roland W. Burris, Office of Atty. Gen., Terence M. Madsen, Asst. Atty. Gen., Martha E. Gillis (argued), Crim. Appeals Div., Chicago, IL, for respondent-appellee.

Before CUMMINGS and MANION, Circuit Judges, and MILLER, District Judge.

MILLER, District Judge.

Kenneth Carter committed armed robbery and aggravated battery inside a church shortly before a scheduled mass. His sentence for those offenses reflects consideration of what is now 730 ILCS 5/5-5-3.2(a)(11), which deems as an aggravating factor the occurrence of a state crime in or on the grounds of a place of worship immediately before, during, or immediately after worship services. Mr. Carter contends that this Illinois statutory provision...

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