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PEOPLE v. LUSIETTO

No. 3-99-0506.

736 N.E.2d 689 (2000)

316 Ill. App.3d 143

249 Ill.Dec. 495

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James LUSIETTO, Jr., Defendant-Appellant.

Appellate Court of Illinois, Third District.

September 15, 2000.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, Michael H. Vonnahmen (Courtappointed), Springfield, for James S. Lusietto, Jr.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Michael James, State's Attorney, Terry A. Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOMER delivered the opinion of the court:

A jury convicted the defendant, James Lusietto, Jr., of cannabis trafficking. 720 ILCS 550/5.1 (West 1998). The defendant was sentenced to 15 years of imprisonment. On appeal, the defendant argues that: (1) the court erred in allowing the "mere fact" of his previous felony conviction into evidence; (2) his sentence was excessive; and (3) the cannabis trafficking provision violates equal protection guarantees (U.S....

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