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PEOPLE v. GARCIA

No. 90958.

770 N.E.2d 208 (2002)

199 Ill.2d 401

264 Ill.Dec. 314

The PEOPLE of the State of Illinois, Appellant, v. Saul GARCIA, Appellee.

Supreme Court of Illinois.

Rehearing Denied May 29, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Meg Gorecki, State's Attorney, St. Charles (Joel. D. Bertocchi, Solicitor General, William L. Browers, Domenica A. Osterberger, Assistant Attorneys General, Chicago, of counsel), for the People.

Fred M. Morelli, Jr., of Morelli & Cook, Aurora, for appellee.

Justice THOMAS delivered the opinion of the court:

The primary issue in this case is whether the 15-year sentencing enhancement for armed robbery while in possession of a firearm (720 ILCS 5/18-2(a)(2), (b) (West 2000) is valid and enforceable. We hold that it is not.

BACKGROUND

Defendant, Saul Garcia, was charged with several offenses, including armed robbery while in possession of a firearm (720 ILCS 5/18-2(a)(2) (West 2000)). Although armed robbery...

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