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PEOPLE v. RAMIREZ

No. 2-04-0243.

837 N.E.2d 111 (2005)

361 Ill. App.3d 450

297 Ill.Dec. 331

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jose J. RAMIREZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing October 14, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Paul Alexander Rogers (Court-appointed), Office of the State Appellate Defender, Elgin, for Jose J. Ramirez.

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Salena R. Young, Springfield, for the People.

Modified Upon Denial of Rehearing

Presiding Justice O'MALLEY delivered the opinion of the court:

On November 7, 1995, defendant Jose J. Ramirez entered a negotiated plea of guilty to armed violence. In exchange for his plea and his acceptance of a 12½-year prison sentence, the State dismissed additional charges against defendant. At the time of his plea, the trial court admonished defendant that the minimum sentence for his conviction was 10 years....

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