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

May 15, 2019 By Arthur McGibbons

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 Arthur McGibbons

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 Arthur McGibbons

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 Arthur McGibbons

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 Arthur McGibbons

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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