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PEOPLE v. SWIFT

No. 91840.

781 N.E.2d 292 (2002)

202 Ill.2d 378

269 Ill.Dec. 495

The PEOPLE of the State of Illinois, Appellant, v. Aaron D. SWIFT, Appellee.

Supreme Court of Illinois.

November 21, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and Paul A. Logli, State's Attorney, Rockford (Joel D. Bertocchi, Solicitor General, William L. Browers and Mary Beth Burns, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Martin P. Moltz and Marshall M. Stevens, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Kim M. DeWitt, Assistant Appellate Defender, of the Office of the State Appellate Defender, Elgin, for appellee.

Justice FREEMAN delivered the opinion of the court:

In this appeal we are asked to review the constitutionality of defendant's 80-year extended-term sentence in light of the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The central issue is one of construction of the Illinois sentencing statutes that establish the penalties for first degree murder. Specifically, we must...

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