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PEOPLE v. GIVENS

No. 4-99-0852.

747 N.E.2d 436 (2001)

319 Ill. App.3d 910

254 Ill.Dec. 396

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carl GIVENS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

April 5, 2001.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, Lawrence Bapst (argued), Office of State Appellate Defender, Supreme Court Unit, Springfield, for Carl Givens.

Frank Young, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Perry L. Miller, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, for the People.

Justice KNECHT delivered the opinion of the court:

In February 1997, the State charged defendant, Carl Givens, with one count of burglary, a Class 2 felony (720 ILCS 5/19-1 (West 1996)). In July 1999, a jury found defendant guilty as charged. In September 1999, the trial court found defendant eligible for Class X sentencing under section 5-5-3(c)(8) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-5-3(c)(8) (West 1996) (effective until June 1, 1997...

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