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People v. Carmichael

Case Date: 09/30/2003
Court: 1st District Appellate
Docket No: 1-02-1106 Rel

THIRD DIVISION
FILED: 09/30/03

No. 1-02-1106

THE PEOPLE OF THE STATE OF ILLINOIS,

               Plaintiff-Appellee,

                    v.

ANTWOYN CARMICHAEL,

               Defendant-Appellant.

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)		 Appeal from the
Circuit Court of
Cook County

 

Honorable
Dennis J. Porter,
Judge Presiding



PRESIDING JUSTICE HOFFMAN delivered the opinion of the court:

Following a bench trial, the defendant, Antwoyn Carmichael, was found guilty of unlawfuluse of a weapon by a felon and sentenced to five years in prison. On appeal, the defendant contendsthat we must vacate his sentence and remand for re-sentencing because: (1) the trial court improperlyrelied upon his prior armed violence conviction to enhance the offense of unlawful use of a weaponby a felon from a Class 3 felony to a Class 2 felony; (2) the sentence was imposed in violation of hisconstitutional rights pursuant to the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 147L. Ed. 2d 435, 120 S. Ct. 2348 (2000); and (3) the sentence violates the proportionate penaltiesclause of the Illinois Constitution (Ill. Const. 1970, art. I,