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PEOPLE v. GREEN

No. 3-01-0004.

773 N.E.2d 36 (2002)

332 Ill. App.3d 481

265 Ill.Dec. 674

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gaylyn GREEN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

June 21, 2002.

Attorney(s) appearing for the Case

Santiago A. Durango, Office of the State Appellate Defender, Ottawa, for Gaylyn Green.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Jeff Tomczak, Will County State's Attorney, Joliet, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOMER delivered the opinion of the court:

Gaylyn Green pled guilty to retail theft (720 ILCS 5/16A-3 (West 2000)) and was sentenced to six years' imprisonment. Green filed a timely motion to reconsider his sentence, which the trial court denied. The trial court did not advise Green that he could appeal, and no appeal was filed. Nine months later, Green filed a pro se motion for reduction of his sentence, which the trial court construed as a postconviction...

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