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PEOPLE v. RIVERA

No. 1-04-2326.

841 N.E.2d 532 (2005)

362 Ill. App.3d 815

299 Ill.Dec. 120

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ellis RIVERA, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

December 16, 2005.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy State Appellate Defender, Chicago (Michael C. Bennett, Assistant Appellate Defender), for Appellant.

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

Justice O'MALLEY delivered the opinion of the court:

Defendant, Ellis Rivera, appeals his sentence of 10 years' imprisonment imposed by the circuit court pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (the Code) (730 ILCS 5/5-5-3(c)(8) (West 2002)). Defendant contends that the circuit court improperly relied on a presentence investigation (PSI) to prove "facts other than the fact of a prior conviction" to enhance his Class 2 felony offense for...

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