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PEOPLE v. GUEVARA

Nos. 97070, 97299.

837 N.E.2d 901 (2005)

216 Ill.2d 533

297 Ill.Dec. 450

The PEOPLE of the State of Illinois, Appellant, v. Ernesto GUEVARA, Appellee. The People of the State of Illinois, Appellee, v. Frank J. Waltrip, Appellant.

Supreme Court of Illinois.

October 6, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Joseph E. Birkett, State's Attorney, Wheaton (Gary Feinerman, Solicitor General, and Linda D. Woloshin and Domenica A. Osterberger, Assistant Attorneys General, Chicago, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Mark G. Levine, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellee.

Chief Justice THOMAS delivered the opinion of the court:

These consolidated appeals present another question about the "15/20/25-to-life" sentencing provisions of Public Act 91-404 (Pub. Act 91-404, eff. January 1, 2000): namely, whether the 15-year sentence enhancement that accompanies the offense of home invasion with a firearm (see 720 ILCS 5/12-11(a)(3), (c) (West 2000)) violates the proportionate penalties clause of the Illinois Constitution (Ill. Const.1970...

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