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PEOPLE v. GRAVES

No. 94633.

800 N.E.2d 790 (2003)

207 Ill.2d 478

279 Ill.Dec. 502

The PEOPLE of the State of Illinois, Appellant, v. James P. GRAVES, Appellee.

Supreme Court of Illinois.

Rehearing Denied November 24, 2003.

Attorney(s) appearing for the Case

James Ryan and Lisa Madigan, Attorneys General, Springfield, and Patrick J. Herrmann, State's Attorney, Princeton (Lisa Anne Hoffman and Karen Kaplan, Assistant Attorneys General, Chicago, and Norbert J. Goetten, John X. Breslin and Judith Z. Kelly, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert J. Agostinelli, Deputy Defender, and Santiago A. Durango, Assistant Defender, of the Office of the State Appellate Defender, Ottawa, for appellee.

Justice THOMAS delivered the opinion of the court:

The issue presented is whether the penalty for unauthorized theft of $20,000 from a victim over the age of 60 (720 ILCS 5/16-1(a)(1), (b)(5) (West 2000); 730 ILCS 5/5-5-3.2(b)(4)(ii), 5-8-2(b)(4) (West 2000)) is unconstitutionally disproportionate to the penalty for theft by deception of $20,000 from a victim over the age of 60 (720 ILCS 5/16-1(a)(2), (b)(7) (West 2000...

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