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PEOPLE v. CARMICHAEL

No. 1-02-1106.

799 N.E.2d 401 (2003)

343 Ill. App.3d 855

278 Ill.Dec. 683

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Antwoyn CARMICHAEL, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

September 30, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Chicago (Yasaman Hannah Navai, Assistant Appellate Defender, of counsel), for Appellant.

Richard A. Devine, State's Attorney, Chicago (Renee Goldfarb, James Fitzgerald, Assistant State's Attorneys, of counsel), for Appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

Following a bench trial, the defendant, Antwoyn Carmichael, was found guilty of unlawful use of a weapon by a felon and sentenced to five years in prison. On appeal, the defendant contends that we must vacate his sentence and remand for re-sentencing because: (1) the trial court improperly relied upon his prior armed violence conviction to enhance the offense...

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