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Some Prior Adjudications Are Excluded From The Mandatory X Calculation

February 24, 2020 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/740.mp3

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People v. Miles, 2020 IL App (1st) 180736 (January). Episode 740 (Duration 10:57)

Mandatory X sentence has to be brought back down to a class 2 felony because defendant was a juvenile when one of the predicate felonies was committed.

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Filed Under: Mandatory X

Felony DWLR | Can’t Use Some Prior Convictions As A Predicate

May 15, 2019 By Samuel Partida, Jr.

People v. Foreman, 2019 IL App (3d) 160334 (April). Episode 629 (Duration 5:42)

A felony DWLR can’t be used to sentence and individual as a mandatory X sentence.

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Filed Under: Mandatory X

A Constitutional Claim To Minimize The Sentence For A Nonviolent Repeat Offender

December 20, 2017 By Samuel Partida, Jr.

People v. Allen, 2017 IL App (1st) 151540 (December). Episode 430 (Duration 9:24)

10 and a half years for burglary to a car are reduced to six years because the second division in the first district says so. [Read more…]

Filed Under: Burglary, Mandatory X

Third or More DUI’s Is Considered Aggravated DUI And Subjects Offender To Stiffer Penalties.

August 23, 2017 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/382.mp3

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People ex rel. Glasgow v. Carlson, 2016 IL 120544 (December). Episode 382 (Duration 10:20)

Mandamus awarded to force trial court to sentence defendant as a class X offender.

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Filed Under: DUI, Mandatory X, Police

Defendant Is Eligible For Mandatory X Sentencing Because He Turned 21 By The Time The Court Found Him Guilty

January 26, 2017 By Samuel Partida, Jr.

People v. Smith, 2016 IL 119659 (December). Episode 288 (Duration 8:06) 

Defendant is eligible for mandatory x sentencing because he turned 21 by the time the court found him guilty even though he was under 21 at the time he was charged.

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Filed Under: Mandatory X, Voluntary

Paltry Crime For Paltry Sum Leads To Un-Paltry Sentence: 12 Years For $44 In Quarters Doesn’t Seem Constitutiional

January 11, 2017 By Samuel Partida, Jr.

People v. Busse, 2016 IL App (1st) 142941 (December). Episode 280 (Duration 8:27)

A paltry crime for a paltry sum does not warrant the paltry sentence of 12 years. [Read more…]

Filed Under: Constitutional, Mandatory X, Mitigation

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