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PEOPLE EX REL. DEVINE v. MACELLAIO

No. 90931.

766 N.E.2d 1082 (2002)

199 Ill.2d 221

262 Ill.Dec. 779

The PEOPLE of the State of Illinois ex rel. Richard A. DEVINE, State's Attorney of Cook County, Petitioner, v. Hon. Joseph M. MACELLAIO, Judge of the Circuit Court of Cook County, et al., Respondents.

Supreme Court of Illinois.

March 21, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, and Renee Goldfarb and Kenneth T. McCurry, Assistant State's Attorneys, of counsel), for petitioner.

Ronald G. Draper, Chicago, for respondent Darnell Brown.

Chief Justice HARRISON delivered the opinion of the court:

This is an original action for issuance of a writ of mandamus (Ill. Const.1970, art. VI, § 4(a)) brought by Richard Devine, the State's Attorney of Cook County, pursuant to Supreme Court Rule 381 (188 Ill.2d R. 381). In this proceeding, Devine asks our court to compel the Honorable Joseph M. Macellaio, judge of the circuit court of Cook County, to vacate the 30-year sentence he imposed on defendant...

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