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PEOPLE v. LEWIS

No. 80318.

677 N.E.2d 830 (1996)

175 Ill.2d 412

222 Ill.Dec. 296

The PEOPLE of the State of Illinois, Appellant, v. Kelvin LEWIS, Appellee.

Supreme Court of Illinois.

Rehearing Denied March 31, 1997.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and Jack O'Malley and Richard A. Devine, State's Attorneys, Chicago (Arleen C. Anderson, Assistant Attorney General, Chicago, and Renee Goldfarb, Peter D. Fischer, Susan R. Schierl, Theodore F. Burtzos, Kenneth T. McCurry and Kathryn A. Schierl, Assistant State's Attorneys, of counsel), for the People.

Rita A. Fry, Public Defender, Chicago (Lisa S. Ottenfeld, Assistant Public Defender, of counsel), for appellee.

Justice McMORROW delivered the opinion of the court:

At issue in this case is whether the statutory penalties for armed robbery (720 ILCS 5/18-2 (West 1994)) and armed violence predicated on robbery committed with a category I weapon (720 ILCS 5/33A-1 (West 1994)) are proportionate penalties pursuant to article I, section 11, of the 1970 Illinois Constitution. The circuit court, in a ruling dismissing a count of armed violence predicated on robbery committed with...

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