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PEOPLE v. WALDEN

No. 90976.

769 N.E.2d 928 (2002)

199 Ill.2d 392

264 Ill.Dec. 91

The PEOPLE of the State of Illinois, Appellant, v. David WALDEN, Appellee.

Supreme Court of Illinois.

Rehearing Denied May 29, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, John Schmidt, State's Attorney, Springfield (Joel D. Bertocchi, Solicitor General, William L. Browers, Domenica A. Osterberger, Assistant Attorneys General, Chicago, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, Susan M. Wilham, Robert N. Markfield, Assistant Defenders, Office of the State Appellate Defender, Springfield, for appellee.

Justice THOMAS delivered the opinion of the court:

The issue presented is whether the 15year sentencing enhancement for armed robbery while in possession of a firearm (720 ILCS 5/18-2(a)(2), (b) (West 2000)) is valid and enforceable. We hold that it is not.

BACKGROUND

Defendant, David Walden, was charged by information with one count of armed robbery while in possession of a firearm (720 ILCS 5/18-2(a...

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