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PEOPLE v. LEE

No. 3-00-0664.

762 N.E.2d 18 (2001)

326 Ill. App.3d 882

260 Ill.Dec. 752

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher A. LEE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied January 23, 2002.

Attorney(s) appearing for the Case

Carrie B. Marche, Office of the State Appellate Defender, Ottawa, for Christopher A. Lee.

John X. Breslin, Deputy Director, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, Stewart Umholtz, State's Attorney, Pekin, for the People.

Justice HOLDRIDGE delivered the Opinion of the court:

The defendant, Christopher A. Lee, was convicted of first degree murder (Ill.Rev. Stat.1987, ch. 38, par. 9-1(a)(1)). He filed a successive post-conviction petition that was dismissed as frivolous. On appeal from the denial of his petition, the defendant argues that: (1) section 122-2.1 of the Post Conviction Hearing Act (Act) (725 ILCS 5/122-2.1 (West 2000)) is unconstitutional;

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