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PEOPLE v. SANDERS

No. 3-95-0294.

678 N.E.2d 86 (1997)

286 Ill. App.3d 1042

222 Ill.Dec. 679

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Emmitt SANDERS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

March 21, 1997.

Attorney(s) appearing for the Case

Thomas A. Karalis, Office of the State Appellate Defender, Ottawa, Charles M. Schiedel, Deputy Defender, Office of State Appellate Defender, Sup.Crt.Unit, Springfield, for Emmitt Sanders.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, Nancy Rink Carter, State's Attorneys Appellate Prosecutor, Ottawa, for People.

Justice SLATER delivered the opinion of the court:

The defendant, Emmitt Sanders, pled guilty to a charge of first degree murder (720 ILCS 5/9-1(a)(1) (West 1994)) in exchange for a sentencing cap of 45 years. Following a sentencing hearing, the trial court imposed the maximum term of 45 years' imprisonment. The defendant's motion to withdraw his guilty plea was denied. On appeal, the defendant contends that: (1) he was entitled to a fitness hearing because he was...

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