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PEOPLE v. GANCARZ

No. 104029.

888 N.E.2d 48 (2008)

228 Ill.2d 312

The PEOPLE of the State of Illinois, Appellant, v. Richard GANCARZ, Appellee.

Supreme Court of Illinois.

April 3, 2008.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Joseph E. Birkett, State's Attorney, Wheaton (Lisa Anne Hoffman, Assistant State's Attorney, of counsel), for the People.

Thomas A. Lilien, Deputy Defender, Kathleen J. Hamill, Assistant Defender, Office of State Appellate Defender, Elgin, for appellee.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion.

The issue in this case is whether the trial court violated the due process rights of defendant Richard Gancarz by failing to advise him of his option to be sentenced under the reckless homicide statute as it existed at the time of the offense (720 ILCS 5/9-3(a) (West 2000)) or under the reckless homicide statute as it existed at the time...

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