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PEOPLE v. SOLE

No. 1-03-1701.

831 N.E.2d 18 (2005)

357 Ill. App.3d 988

294 Ill.Dec. 495

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marco SOLE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

May 26, 2005.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Chicago (Michael J. Pelletier, Deputy Defender, Daniel J. Walsh and Geneva L. Pension, Assistant Appellate Defenders, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb and Michelle Katz, Assistant State's Attorneys, of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

Following a bench trial, defendant Marco Sole was found guilty of aggravated unlawful use of a weapon and was sentenced to 14 years in prison. On appeal, defendant contends that the aggravated unlawful use of a weapon statute (the aggravated UUW statute) (720 ILCS 5/24-1.6 (West 2002)) is unconstitutional because it violates his right to due process of law and the proportionate penalties provision of the Illinois Constitution...

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