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PEOPLE v. CUMMINGS

No. 1-02-3290.

813 N.E.2d 1004 (2004)

351 Ill. App.3d 343

286 Ill.Dec. 311

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Floyd CUMMINGS, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied August 2, 2004.

As Modified Upon Denial of Rehearing August 16, 2004.

Attorney(s) appearing for the Case

Richard A. Devine, Renee Goldfarb, Kathryn Schierl and Amy Watroba Kern of the Cook County State's Attorneys Office, for Plaintiff-Appellee.

Michael J. Pelletier and Michael James McDermott, Office of the State Appellate Defender, for Defendant-Appellant.

Justice McBRIDE delivered the modified opinion of the court upon denial of rehearing:

A jury convicted defendant Floyd Cummings of armed robbery. He was sentenced to natural life imprisonment as a habitual criminal. 720 ILCS 5/33B-1 (West 2000)(Habitual Criminal Act). In this appeal, Cummings first claims that his sentence is unconstitutional because the penalties for the identical offenses of armed robbery and armed violence with a category III weapon are disproportionate...

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