People v. Lombardi

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 83810, 83950 83951, 83952

People v. Lombardi, No. 83810 (Ill. S.Ct.)



Docket Nos. 83810, 83950, 83951, 83952 cons.-Agenda 9-September 1998.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DANIEL LOMBARDI, Appellee.-THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SHAVEZ L. EVANS, Appellee.-THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. TIMOTHY L. WASHINGTON, Appellee.-THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ELIJAH THOMAS, Appellee.

Opinion filed December 17, 1998.

JUSTICE McMORROW delivered the opinion of the court:

The issue presented in these four consolidated appeals is whether the statutory penalty for armed violence involving a Category I weapon (720 ILCS 5/33A-3 (West 1996)) is unconstitutional when the underlying felony for this offense is possession of a controlled substance or residential burglary. Prior to trial, the circuit court of Kankakee County dismissed the armed violence charges against the defendant in each case on the basis that the penalty for armed violence violates the due process and proportionate penalties provisions of the Illinois Constitution of 1970 (Ill. Const. 1970, art. I,