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PEOPLE v. LOMBARDI

Nos. 83810, 83950, 83951 and 83952.

705 N.E.2d 91 (1998)

184 Ill.2d 462

235 Ill.Dec. 478

The PEOPLE of the State of Illinois, Appellant, v. Daniel LOMBARDI, Appellee. The People of the State of Illinois, Appellant, v. Shavez L. Evans, Appellee. The People of the State of Illinois, Appellant, v. Timothy L. Washington, Appellee. The People of the State of Illinois, Appellant, v. Elijah Thomas, Appellee.

Supreme Court of Illinois.

December 17, 1998.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield (Barbara A. Preiner, Solicitor General, and William L. Browers, Lorna T. Amado and Lisa Anne Hoffman, Assistant Attorneys General, Chicago, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, and Janieen R. Tarrance, Assistant Defender, of the Office of the State Appellate Defender, Springfield, for appellees.

Justice McMORROW delivered the opinion of the court:

The issue presented in these four consolidated appeals is whether the statutory penalty for armed violence involving a Category I weapon (720 ILCS 5/33A-3 (West 1996)) is unconstitutional when the underlying felony for this offense is possession of a controlled substance or residential burglary. Prior to trial, the circuit court of Kankakee County dismissed the armed violence...

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