People v. Espinoza
State: Illinois
Court: Supreme Court
Docket No: 85050
People v. Espinoza (Ill. S.Ct.)
Docket No. 85050-Agenda 14-May 1998.
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CARLOS ESPINOZA, Appellee.
Opinion filed October 22, 1998.
JUSTICE McMORROW delivered the opinion of the court:
The defendant, Carlos Espinoza, was charged with, inter alia, two counts of armed violence and one count of aggravated battery. Prior to trial, the circuit court dismissed the aggravated battery and armed violence counts, holding that the penalties for the charged offenses violate the proportionate penalties clause of the Illinois Constitution of 1970 (Ill. Const. 1970, art. I,
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