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PEOPLE v. BAAREE

No. 1-98-2422.

735 N.E.2d 720 (2000)

315 Ill. App.3d 1049

249 Ill.Dec. 116

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bashir Jihad BAAREE, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Nunc Pro Tunc June 27, 2000.

Attorney(s) appearing for the Case

Deputy Defender Michael J. Pelletier, and Assistant Appellate Defender Ronald S. Packowitz, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Theodore F. Burtzos and William D. Carroll, Assistant State's Attorneys, of counsel), for Appellee.

Anthony M. O'Brien, a graduate of Chicago-Kent College of Law and a law clerk at Cook County State's Attorney's Office in the Criminal Appeals Division, assisted in the research and preparation of the Appellee brief.

Justice McBRIDE delivered the opinion of the court:

Following a bench trial, defendant Bashir Jihad Baaree was found guilty of the class 1 felony offense of possession of a controlled substance with intent to deliver. The trial court sentenced defendant to a six-year prison term after finding he was subject to mandatory class X sentencing pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections. Defendant appeals, challenging the constitutionality of section...

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