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PEOPLE v. RODRIGUEZ

No. 104679.

891 N.E.2d 854 (2008)

229 Ill.2d 285

The PEOPLE of the State of Illinois, Appellee, v. Jorge RODRIGUEZ, Appellant.

Supreme Court of Illinois.

June 5, 2008.

Attorney(s) appearing for the Case

Michael J. Pelletier, Patricia Unsinn, Deputy Defenders, Emily E. Filpi, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (James E. Fitzgerald, Alan J. Spellberg, Hareena Meghani-Wakely, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice BURKE delivered the judgment of the court, with opinion:

At issue in this case is whether section 5-8-1(a)(1)(d)(i) of the Unified Code of Corrections (730 ILCS 5/5-8-1(a)(1)(d)(i) (West 2006)), which provides for a 15-year sentence enhancement for any defendant who commits first degree murder "while armed with a firearm," applies to an unarmed defendant found guilty of first degree murder on a theory of accountability. The circuit court...

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