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PEOPLE v. LEE

Nos. 93221, 93363.

796 N.E.2d 1021 (2003)

207 Ill.2d 1

277 Ill.Dec. 655

The PEOPLE of the State of Illinois, Appellee and Cross-Appellant, v. Christopher LEE, Appellant and Cross-Appellee.

Supreme Court of Illinois.

August 21, 2003.

Attorney(s) appearing for the Case

Robert J. Agostinelli, Deputy Defender, Carrie B. Marche, Donna K. Kelly, Assistant Defenders, Office of the State Appellate Defender, Ottawa, for appellant and cross-appellee.

James E. Ryan, Attorney General, Springfield, Stewart J. Umholtz, State's Attorney, Pekin (Joel D. Bertocchi, Solicitor General, William L. Browers and Domenica A. Osterberger, Assistant Attorneys General, Chicago, Norbert J. Goetten, John X. Breslin and Rita Kennedy Mertel, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Chief Justice McMORROW delivered the opinion of the court:

The principal question presented in these consolidated appeals is whether a postconviction petitioner may raise a claim based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), in a successive postconviction petition. In light of our recent decision in People v. De La Paz,

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