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PEOPLE v. ESPINOZA

No. 85050.

702 N.E.2d 1275 (1998)

184 Ill.2d 252

234 Ill.Dec. 372

The PEOPLE of the State of Illinois, Appellant, v. Carlos ESPINOZA, Appellee.

Supreme Court of Illinois.

Modified on Denial of Rehearing November 30, 1998.

Attorney(s) appearing for the Case

Terry A. Mertel, Asst. Appellate Prosecutor, Ottawa, Jim Ryan, Atty. Gen., Criminal Appeals Div., Chicago, State's Attorney Kane County, St. Charles, for People.

Kathleen Colton, Batavia, for Carlos Espinoza.

Justice McMORROW delivered the opinion of the court:

The defendant, Carlos Espinoza, was charged with, inter alia, two counts of armed violence and one count of aggravated battery. Prior to trial, the circuit court dismissed the aggravated battery and armed violence counts, holding that the penalties for the charged offenses violate the proportionate penalties clause of the Illinois Constitution of 1970 (Ill. Const.1970, art. I, § 11). The State appealed...

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