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PEOPLE v. LINDER

Docket Nos. 83415, 84014.

708 N.E.2d 1169 (1999)

186 Ill.2d 67

237 Ill.Dec. 129

The PEOPLE of the State of Illinois, Appellant, v. James LINDER, Appellee. The People of the State of Illinois, Appellant, v. Leroy Rice, Appellee.

Supreme Court of Illinois.

Rehearing Denied March 29, 1999.

Attorney(s) appearing for the Case

Lisa Anne Hoffman, Asst. Atty. Gen., Chicago, State's Attys. Appellate Pros. Elgin, State's Atty. Lake County, Waukegan, for People in No. 83415.

G. Joseph Weller, State Appellate Defender, Elgin, for other party in No. 83415.

David A Bernhard, State's Attys. Appellate Prosecutor, Elgin, Jim Ryan, Atty. Gen., Criminal Appeals Div., Chicago, State's Atty. Lake County, Waukegan, for People in No. 84014.

State Appellate Defender Elgin, for Leroy Rice in No. 84014.

Justice HARRISON delivered the opinion of the court.

The issue in these two consolidated appeals is whether a defendant who pleads guilty in exchange for a cap on the length of his sentence may challenge a sentence that is imposed within the range of the cap without first moving to withdraw his guilty plea. We hold that he may not.

In People v. Linder, James Linder was charged with three counts of armed robbery, one count of aggravated vehicular hijacking...

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