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PEOPLE v. SHOULTZ

No. 4-96-0311.

682 N.E.2d 446 (1997)

289 Ill. App.3d 392

224 Ill.Dec. 885

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tony E. SHOULTZ, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

June 30, 1997.

Rehearing Denied July 30, 1997.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Courtappointed), Duane E. Schuster (argued), Asst. Defender, Office of State Appellate Defender, Springfield, for Tony E. Shoultz.

Partick W. Kelley, State's Attorney, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, David E. Mannchen (argued), Staff Attorney, State's Attorney Appellate Prosecutor, Springfield, for the People.

Justice McCULLOUGH delivered the opinion of the court:

Following a jury trial, defendant, Tony E. Shoultz, was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 1994)) and intentional homicide of an unborn child (feticide) (720 ILCS 5/9-1.2 (West 1994)) and sentenced to natural life imprisonment. Defendant appeals, alleging (1) the feticide statute violates the proportionate penalties clause of the Illinois Constitution because it imposes greater penalties...

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