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PEOPLE v. KELLY

No. 1-02-2071.

807 N.E.2d 512 (2004)

347 Ill. App.3d 163

282 Ill.Dec. 888

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Darnell KELLY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 9, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Justyna Garbaczewska, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, Renee Goldfarb, Alan J. Spellberg, William D. Carroll, Office of the Cook County State's Attorney, Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

Following a bench trial, defendant Darnell Kelly was convicted of unlawful possession of a weapon by a felon and sentenced to three years in prison. His sole contention on appeal is that the sentence violates the proportionate penalties clause of the Illinois Constitution (Ill. Const.1970, art. I, § 11). For the following reasons, we find no constitutional defects in the statute.

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