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PEOPLE v. LUMZY

No. 85313.

730 N.E.2d 20 (2000)

191 Ill.2d 182

246 Ill.Dec. 340

The PEOPLE of the State of Illinois, Appellant, v. Gregory A. LUMZY, Appellee.

Supreme Court of Illinois.

Rehearing Denied May 30, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Daniel A. Fish, State's Attorney, Dixon (Joel Bertocchi, Solicitor General, William L. Browers, Bridget L. Field and Mary Beth Burns, Assistant Attorneys General, Chicago, Norbert J. Goetten, Martin P. Moltz and Lawrence M. Bauer, Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Elaine M. Spiliopoulos, Assistant Defender, Office of the Sate Appellate Defender, Ottawa, for Appellee.

Justice HEIPLE delivered the opinion of the court:

The State appeals from a decision by the appellate court which permitted defendant to appeal the length of his prison sentence without first filing a motion to withdraw his guilty plea. We affirm.

BACKGROUND

On June 10, 1997, defendant was charged with the offenses of aggravated battery and robbery. On June 23, 1997, defendant pled guilty to robbery in exchange for the State's dismissal of the aggravated...

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