Fitzsimmons v. Norgle

This original proceeding for mandamus instituted by the State’s Attorney of Du Page County calls for the interpretation and application of section 5 — 5—3(c)(2) of the Unified Code of Corrections (Ill. Rev. Stat. 1981, ch. 38, par. 1005—5—3(c)(2)). That statute precludes probation as a sentence where the defendant is guilty of various felonies, including “[a] Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within ten years of the date on which he committed the offense for which he is being sentenced.” (Ill. Rev. Stat. 1981, ch. 38, par.…