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PEOPLE v. SMITH

No. 1-01-4468.

788 N.E.2d 1204 (2003)

338 Ill. App.3d 555

273 Ill.Dec. 328

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Maurice SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

April 18, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Office of the State Appellate Defender, Chicago (Adolfo Mondragon, of counsel), for Appellant.

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

Justice FROSSARD delivered the opinion of the court:

Following a bench trial defendant was found guilty of attempted aggravated robbery. Defendant was sentenced to a nine-year prison term. On appeal defendant contends the mandatory Class X sentencing provision of the Unified Code of Corrections (Code) (730 ILCS 5/5-5-3(c)(8) (West 2000)) is unconstitutional under the holding of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct....

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