No. 5-99-0331.

729 N.E.2d 506 (2000)

313 Ill. App.3d 399

246 Ill.Dec. 133

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rodney J. WOIDTKE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 26, 2000.

Attorney(s) appearing for the Case

Ronald E. Jenkins, Jenkins & Kling, P.C., Clayton, MO, for Appellant.

Robert Haida, State's Attorney, St. Clair County, Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

Defendant was convicted of the first-degree murder of Audrey Cardenas by the court sitting without a jury on August 25, 1989. Defendant was sentenced to 45 years' imprisonment on September 28, 1989. After an unsuccessful petition for relief from judgment, defendant took a direct appeal, and this court affirmed his conviction. See People v. Woidtke,

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