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FITZSIMMONS v. NORGLE

No. 59749.

104 Ill.2d 369 (1984)

472 N.E.2d 802

J. MICHAEL FITZSIMMONS, State's Attorney, Plaintiff, v. CHARLES R. NORGLE, Judge, et al., Defendants.

Supreme Court of Illinois.

Opinion filed November 30, 1984.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, pro se, and Barbara A. Preiner, Assistant State's Attorney, both of Wheaton, for plaintiff.

Thomas E. Callum, of Callum, Anderson & Deitsch, of Wheaton, for defendant Charles R. Norgle.

G. Joseph Weller, Deputy Defender, and John R. Wimmer, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for defendant Christopher C. Borg.

Writ awarded.

JUSTICE SIMON delivered the opinion of the court:

This original proceeding for mandamus instituted by the State's Attorney of Du Page County calls for the interpretation and application of section 5-5-3(c)(2) of the Unified Code of Corrections (Ill. Rev. Stat. 1981, ch. 38, par. 1005-5-3(c)(2)). That statute precludes probation as a sentence where the defendant is guilty of various felonies, including "[a] Class 2 or greater felony if...

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