[DOWNLOAD] "People State Illinois v. Roberto Dominguez" by Second District Appellate Court of Illinois # Book PDF Kindle ePub Free

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eBook details

• Title: People State Illinois v. Roberto Dominguez
• Author : Second District Appellate Court of Illinois
• Release Date : January 07, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

JUSTICE McLAREN delivered the opinion of the court: Defendant, Roberto Dominguez, pleaded guilty to aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12-4(a) (now 720 ILCS
5/12-4(a) (West 1992))). The court sentenced him to an extended term of 10 years' imprisonment. The court found two of the
factors justifying an extended-term sentence to be applicable. The court found that the offense was accomplished by means
of "exceptionally brutal and heinous behavior indicative of wanton cruelty" (Ill. Rev. Stat. 1991, ch. 38, par. 1005-5-3.2(b)(2)
(now 730 ILCS 5/5-5-3.2(b)(2) (West 1992))) and that defendant committed the battery "as part of a ceremony, rite * * * practice
or activity" of a "religious, fraternal, or social group" (Ill. Rev. Stat. 1991, ch. 38, par. 1005-5-3.2(b)(6) (now 730 ILCS
5/5-5-3.2(b)(6) (West 1992))). Defendant appeals, contending that (1) section 5-5-3.2(b)(2) is unconstitutionally vague and
overly broad; (2) section 5-5-3.2(b)(6) is unconstitutional since it denies the existence of consent of the victim as a defense
or mitigating factor; (3) that even if the sentencing provisions are constitutional, the court abused its discretion in imposing
the maximum extended-term sentence; and (4) defendant is entitled to receive credit against his sentence for two additional
days spent in custody prior to sentencing.

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