Whether the legislature revived the firearm enhancement in Section 720 ILCS 5/8-4 (B-D) (West 2000) amended by Public Act 91-404 that was declared unconstitutional in its entirety to be available to prosecutors? The issue that was presented to the appellate court is rather Public Act 96-710 revived the firearm enhancement .Morgan , 2003 272 Ill. Dec. 160, 203 Ill. 2d 470, 786 N.E. 2d 994. states as followed, Enhanced penalties for attempted first degree murder with a handgun as a class x felony., with mandatory addition of 15, 20, or 25years to life to a sentence-were held unconstitutionally disproportionate under Illinois Constitution Art. 1, subsection llbbyT5epplevvi.Morgan , 2003, 272 Ill. Dec. 160, 203 Ill. 2d 470, 786 N.E. 2d 994, because a defendant can receive a harsher sentence if the victim survives than if the victim dies. But, see People v Sharp, 216 Ill. 2d 481 (2005). See (Exhibit 2). Petitioner argue that the legislature has not remedied the constitutional infirmity to revive the firearm enhancement .-Therefore , constitue a denial of said petitioner's constitutional rights to due process of the law.

Whether the legislature revived the firearm enhancement in ~ section 720 ILCS 5/8-4 (B-D) (West 2000)