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PEOPLE v. RUIZ

No. 1-04-3410.

854 N.E.2d 701 (2006)

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

Appellate Court of Illinois, First District, Second Division.

August 15, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Cook County, Chicago (James Fitzgerald, Mary L. Boland, Natosha Cuyler-Sherman, of counsel), for Appellee.

Justice SOUTH delivered the opinion of the court:

Following a bench trial, defendant Jose Ruiz was convicted of burglary and sentenced as a Class X offender to 11 years' imprisonment. On appeal, defendant asserts that the record does not establish a valid jury waiver. Defendant also contends that the compulsory extraction and perpetual storage of his DNA pursuant to section 5-4-3 of the Unified Code of Corrections (Code) (730 ILCS 5/5-4-3 (West 2004)) violates his...

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