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People v. Guevara

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 97070, 97299 cons.  Rel

Docket Nos. 97070, 97299 cons.-Agenda 13-September 2004.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
ERNESTO GUEVARA, Appellee.-THE PEOPLE OF THE STATE
OF ILLINOIS, Appellee, v. FRANK J. WALTRIP, Appellant.

Opinion filed October 6, 2005.

CHIEF JUSTICE THOMAS delivered the opinion of the court:

These consolidated appeals present another question about the "15/20/25-to-life" sentencing provisions of Public Act 91-404 (Pub. Act 91-404, eff. January 1, 2000): namely, whether the 15-year sentence enhancement that accompanies the offense of home invasion with a firearm (see 720 ILCS 5/12-11(a)(3), (c) (West 2000)) violates the proportionate penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I,