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HILL v. COWAN

No. 90229.

781 N.E.2d 1065 (2002)

202 Ill.2d 151

269 Ill.Dec. 875

Eugene HILL, Appellee, v. Roger COWAN, Warden, Menard Correctional Center, Appellant.

Supreme Court of Illinois.

As Modified Upon Denial of Rehearing December 2, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield (Joel D. Bertocchi, Solicitor General, William L. Browers, Assistant Attorney General, Chicago, of counsel), for appellant.

Daniel M. Kirwan, Deputy Defender, Edwin J. Anderson, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for appellee.

Justice FREEMAN delivered the opinion of the court:

This is an appeal from a judgment of the circuit court of St. Clair County granting a petition for habeas corpus filed by Eugene Hill, an inmate at the Menard Correctional Center. In granting Hill's petition, the circuit court held that the extended-term sentencing provisions pursuant to which Hill was sentenced were unconstitutional under the United States Supreme Court's decision in Apprendi v. New Jersey...

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