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PEOPLE v. JOHNSON

No. 5-99-0637.

776 N.E.2d 238 (2001)

333 Ill. App.3d 935

267 Ill.Dec. 101

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Romell JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Majority Opinion and Dissent Affirmed on Rehearing January 30, 2002.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, E. Joyce Randolph, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, IL, Attorneys for Appellant.

Michael Wepsiec, State's Attorney, Murphysboro, IL; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Patrick D. Daly, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, Attorneys for Appellee.

Justice KUEHN delivered the opinion of the court:

This is another case where unthinkable criminal acts drew a severe prison sentence, punishment incapable of actual imposition in the absence of a judicial finding that the effort at murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. Once again, we are called upon to examine how the constitutional rule promulgated in Apprendi v. New Jersey limits the statutory machinery...

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