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People v. Bowens

Case Date: 09/01/1999
Court: 1st District Appellate
Docket No: 1-98-0427

People v. Bowens, No. 1-98-0427

1st District, September 1, 1999

THIRD DIVISION

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

HARRY BOWENS,

Defendant-Appellant.

 Appeal from the Circuit Court of Cook County

No. 95 CR 27116

Honorable Reginald Baker, Judge Presiding.

JUSTICE CERDA delivered the opinion of the court:

Following a bench trial in July 1997, defendant, Harry Bowens, was convicted of attempt (first degree murder) (count I of the indictments) (720 ILCS 5/8-4(a); 5/9-1 (West 1992)), and armed violence predicated upon the offense of aggravated battery causing permanent disability (counts IV and VII of the indictments) (720 ILCS 5/33A-1; 5/12-4(a); 5/12-3 (West 1992)), in connection with the stabbing and beating of John Dijiulio on September 3, 1995. Defendant was sentenced in accordance with the "truth-in-sentencing" law codified in section 3-6-3(a)(2)(ii) of the Unified Code of Corrections (Code) (730 ILCS 5/3-6-3(a)(2)(ii) (West 1996)), and received concurrent terms of 30 years' imprisonment for both offenses. On appeal, defendant argues he should not be subject to the provisions of the "truth-in-sentencing" law because its enacting legislation, Public Act 89-404, violates the single-subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV,