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PEOPLE v. FULKERSON

No. 4-01-0345.

762 N.E.2d 1199 (2002)

326 Ill. App.3d 1124

261 Ill.Dec. 272

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Raymond R. FULKERSON, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 24, 2002.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, Allen H. Andrews, Assistant Defender, Office of the State Appellate Defender, Springfield, for Raymond R. Fulkerson.

Thomas J. Brown, State's Attorney, Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice COOK delivered the opinion of the court.

In March 1999, defendant Raymond R. Fulkerson was convicted of committing aggravated driving under the influence of alcohol in August 1998 (625 ILCS 5/11-501(a)(1), (a)(2), (d)(1)(C) (West Supp. 1997)). The trial court sentenced him to a term of imprisonment. It also ordered him to pay restitution. Fulkerson eventually filed a motion for postconviction relief, which argued that (1) his sentence was excessive under the...

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