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PEOPLE v. BERONICH

No. 2-01-0665.

778 N.E.2d 385 (2002)

334 Ill. App.3d 536

268 Ill.Dec. 399

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ian M. BERONICH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 11, 2002.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Ian M. Beronich.

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BOWMAN delivered the opinion of the court:

Defendant, Ian Beronich, appeals the circuit court's order that dismissed his second amended postconviction petition. Defendant contends his guilty plea to first-degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1 (b)) was involuntary because the court admonished him that he was eligible for an extended-term sentence but the extended-term sentencing statute was later rendered unconstitutional by Apprendi v. New...

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