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PEOPLE v. LOTT

No. 3-00-0986.

760 N.E.2d 115 (2001)

325 Ill. App.3d 749

260 Ill.Dec. 36

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Freddie Lee LOTT, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 6, 2001.

Attorney(s) appearing for the Case

Stephen Omolecki, Office of the State Appellate Defender, Ottawa, for Freddie Lee Lott.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Marshall E. Douglas, State's Attorney, Rock Island, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice SLATER delivered the opinion of the court:

The defendant, Freddie Lee Lott, was convicted of first degree murder (Ill.Rev. Stat.1983, ch. 38, par. 9-1(a)(3)) and sentenced to 60 years' imprisonment. His petition for relief from judgment under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2000)) was dismissed as untimely. On appeal, the defendant claims that his sentence is void in light of Apprendi v. New Jersey,

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