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PEOPLE v. HARTH

No. 2-02-0320.

791 N.E.2d 702 (2003)

339 Ill. App.3d 712

274 Ill.Dec. 610

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Garrett HARTH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 19, 2003.

Attorney(s) appearing for the Case

Daniel R. Collins, Law Offices of Daniel R. Collins, Wheaton, for Garrett Harth.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Sharmila Roy, Naperville, for the People.

Justice GROMETER delivered the opinion of the court:

After a jury trial, defendant, Garrett Harth, was convicted of unlawful delivery of a substance containing cocaine (720 ILCS 570/401(c)(2) (West 2000)) and sentenced to 15 years' imprisonment. On appeal, defendant argues that he was denied a fair sentencing hearing when the trial court admitted a victim impact statement not allowed under the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/1 et seq...

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