People v. Sawczenko-Dub
Case Date: 12/16/2003
Court: 1st District Appellate
Docket No: 1-02-2156 Rel
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SECOND DIVISION
December 16, 2003
No. 1-02-2156
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TAMARA SAWCZENKO-DUB, Defendant-Appellant. | )
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Circuit Court of
Cook County.
Honorable
Thomas M. Tucker,
Judge Presiding.
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JUSTICE BURKE delivered the opinion of the court:
Following a bench trial, defendant Tamara Sawczenko-Dub wasconvicted of first degree murder of her husband, Donald Dub (Don). The trial court sentenced her to 45 years' imprisonment; 20 years(the minimum) for first degree murder plus the mandatory 25-yearenhancement that was added to the sentencing statute (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2000)) by Public Act 91-404 (eff. January1, 2000) because defendant personally discharged a firearm causingdeath during the course of the offense. On appeal, defendantcontends that the sentencing scheme is unconstitutional because:(1) it violates the proportionate penalties clause of the IllinoisConstitution (Ill. Const. 1970, art. I,
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