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People v. Baker
State: Illinois
Court: 4th District Appellate
Docket No: 4-01-0597 Rel
Case Date: 08/18/2003

NO. 4-01-0597

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
                       Plaintiff-Appellee,
                       v.
MARK ANTHONY BAKER,
                       Defendant-Appellant.
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Appeal from
Circuit Court of
Champaign
County
Nos. 01CF165
        99CF2047

Honorable
Thomas J. Difanis
,
Judge Presiding.


MODIFIED UPON DENIAL OF REHEARING

JUSTICE STEIGMANN delivered the opinion of the court:

In June 2000, defendant, Mark Anthony Baker, pleadedguilty to one count of attempt (home invasion) (720 ILCS 5/8-4(a), 12-11 (West 1998)) (Champaign County case No. 99-CF-2047). The trial court later sentenced him to 36 months' probation. InOctober 2000, the State filed a petition to revoke defendant'sprobation, and following a May 2001 hearing, the court grantedthe State's petition.

Later in May 2001, a jury found defendant guilty ofaggravated kidnaping (in that he committed the offense of kidnaping while armed with a firearm) (720 ILCS 5/10-2(a)(6) (West2000)), two counts of armed violence (720 ILCS 5/33A-2(a) (West2000)), and unlawful possession of a weapon by a felon (720 ILCS5/24-1.1(a) (West 2000)) (Champaign County case No. 01-CF-165).

In June 2001, the trial court sentenced defendant to 40years in prison for aggravated kidnaping (which included anautomatic 15-year enhancement for being armed with a firearm (720ILCS 5/10-2(b) (West 2000))), 30 years for one count of armedviolence, and 5 years for unlawful possession of a weapon by afelon, with those sentences to be served concurrently. (Thecourt determined that the two convictions for armed violencemerged into one and, accordingly, imposed sentence upon only onecount.) The court also resentenced defendant to 10 years inprison for attempt (home invasion), with that sentence to beserved consecutively to his other sentences.

Defendant appeals, arguing that (1) the 15-year enhancement for aggravated kidnaping violates the proportionatepenalties clause of the Illinois Constitution (Ill. Const. 1970,art. I,

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