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PEOPLE v. ALEXANDER

No. 5-03-0410.

822 N.E.2d 509 (2004)

354 Ill. App.3d 848

290 Ill.Dec. 924

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kelly ALEXANDER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

December 17, 2004.

Attorney(s) appearing for the Case

Edward J. Kionka, Belleville, for Appellant.

Gary Duncan, State's Attorney, Mt. Vernon; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, T. David Purcell, Staff Attorney, Office of State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice KUEHN delivered the opinion of the court:

Following a plea of guilty to criminal sexual assault, Kelly Alexander filed a motion seeking a declaration from the trial court that the statute under which he was to be sentenced was unconstitutional because it failed to provide probation as a sentencing option. The trial court denied Alexander's motion and sentenced him to four years in the Illinois Department of Corrections. Thereafter, Alexander filed a motion...

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