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PEOPLE v. MITCHELL

No. 1-12-0080.

8 N.E.3d 646 (2014)

2014 IL App (1st) 120080

380 Ill. Dec. 476

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ephrain MITCHELL, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

April 9, 2014.

Attorney(s) appearing for the Case

Michael J. Pelletier and Alison S. Shah , State Appellate Defender's Office, Chicago, for appellant.

Anita M. Alvarez , State's Attorney, Chicago ( William Toffenetti and Peter Maltese , Assistant State's Attorneys, of counsel), for the People.

OPINION

Presiding Justice HYMAN delivered the judgment of the court, with opinion.

¶ 1 The legal system inadvertently stumbled after our supreme court and this court ordered that defendant Ephrain Mitchell's sentences be vacated and the trial court hold a new sentencing hearing. Instead, Mitchell was resentenced without a new sentencing hearing. What happened is regrettable but occurs from time to time due to the sheer volume of criminal cases, limited...

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