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PEOPLE v. DEVENNY

No. 91291.

769 N.E.2d 942 (2002)

199 Ill.2d 398

264 Ill.Dec. 105

The PEOPLE of the State of Illinois, Appellant, v. Jeremy DEVENNY, Appellee.

Supreme Court of Illinois.

Rehearing Denied May 29, 2002.

Attorney(s) appearing for the Case

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

G. Joseph Weller, Deputy Defender, Mark G. Levine, Assistant Defender, Office of the State Appellante Defender, Elgin, for appellee.

Justice THOMAS delivered the opinion of the court:

The sole issue in this case is whether the 15-year 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, Jeremy Devenny, was charged by indictment with robbery (720 ILCS 5/18-1 (West 2000)) and armed robbery while in possession of a firearm (720 ILCS 5/18-2(a)(2) (West...

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