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PEOPLE v. MONTGOMERY

No. 71439.

642 N.E.2d 1260 (1994)

162 Ill.2d 109

205 Ill.Dec. 143

The PEOPLE of the State of Illinois, Appellee, v. Ulece MONTGOMERY, Appellant.

Supreme Court of Illinois.

October 27, 1994.

Attorney(s) appearing for the Case

Robert T. Markowski, David M. Greenwald and Christopher D. Liguori, Jenner & Block, Chicago, for appellant.

Roland W. Burris, Atty. Gen., Springfield and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb and Marie Quinlivan Czech, Sp. Asst. State's Attys., of counsel), for the People.

Justice HEIPLE delivered the opinion of the court:

Defendant, Ulece Montgomery, appeals from a judgment of the circuit court of Cook County denying his petition for post-conviction relief. Because the post-conviction proceeding involves a judgment imposing a sentence of death, defendant's appeal lies directly to this court. 134 Ill.2d R. 651(a).

In the underlying criminal prosecution, defendant waived his right to a jury trial, stipulated

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