PEOPLE v. McGEE

No. 1-02-2637.

794 N.E.2d 855 (2003)

341 Ill. App.3d 1029

276 Ill.Dec. 605

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marcus McGEE, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

June 30, 2003.


Attorney(s) appearing for the Case

Rita A. Fry, Cook County Public Defender, Chicago (Frederick Weil, Assistant Public Defender, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Alan J. Spellberg and Lindsay M. Shuman, of counsel), for Appellee.


Justice WOLFSON delivered the opinion of the court:

The defendant presents us with two constitutional attacks on the aggravated unlawful use of a weapon statute. He contends the statute violates the proportionate penalties provision of the Illinois Constitution and/or it violates his right to due process of law. We find no constitutional defects in the statute.

BACKGROUND

The only issue raised by the defendant is the constitutionality of the aggravated...

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