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PEOPLE v. FERNANDEZ

No. 1-12-0508.

16 N.E.3d 151 (2014)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Luis FERNANDEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied August 7, 2014.

Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , David C. Holland , and Patrick F. Cassidy , all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Assistant State's Attorney, of counsel), for the People.

OPINION

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

¶ 1 Defendant Luis Fernandez sold 1,008.5 grams — approximately two pounds — of cocaine to an undercover police officer in 2010. For that amount of cocaine, defendant would have ordinarily faced a sentence of between 15 and 60 years' incarceration. 720 ILCS 570/401(a)(2)(D) (West 2010). In this case, because defendant had pled guilty to drug offenses in 1992 and...

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