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PEOPLE v. DUNIGAN

No. 77252.

650 N.E.2d 1026 (1995)

165 Ill.2d 235

209 Ill.Dec. 53

The PEOPLE of the State of Illinois, Appellee, v. Paul DUNIGAN, Appellant.

Supreme Court of Illinois.

April 20, 1995.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and James E. Chadd, Asst. Appellate Defender, of the Office of the State Appellate Defender, Chicago, for appellant.

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Arleen C. Anderson, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Theodore Fotios Burtzos and Susan R. Schierl, Asst. State's Attys., of counsel), for the People.

Chief Justice BILANDIC delivered the opinion of the court:

The defendant, Paul Dunigan, was convicted following a jury trial, in the circuit court of Cook County, of criminal sexual assault. Prior to the sentencing hearing, the State filed a motion to sentence the defendant as a habitual criminal. (Ill.Rev.Stat.1989, ch. 38, par. 33B-1.) At sentencing, the State presented evidence that the defendant had twice been convicted of and incarcerated for rape, Class X felonies...

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