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PEOPLE v. GANDY

No. 5-02-0015.

792 N.E.2d 814 (2003)

341 Ill. App.3d 474

275 Ill.Dec. 339

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jack GANDY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 26, 2003.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

James Creason, State's Attorney, Salem; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, T. David Purcell, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Presiding Justice HOPKINS delivered the opinion of the court:

Jack Gandy (defendant) appeals from the dismissal of his second petition for postconviction relief pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)). On appeal, defendant, relying on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), contends that his extended-term sentence of 50 years' imprisonment...

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