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PEOPLE v. VASQUEZ

No. 1-01-1131.

791 N.E.2d 33 (2003)

339 Ill. App.3d 546

274 Ill.Dec. 237

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bruno VASQUEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied June 19, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Thomas E. Holum and Maria A. Harrigan, Assistant Appellate Defenders, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Annette Collins and Katherine Blakey Cox, Assistant State's Attorneys, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

We are asked to consider whether a defendant convicted and sentenced in absentia and whose timely filed direct appeal is dismissed under the fugitive rule may file a second notice of appeal more than three years after the time for the filing of a direct appeal has passed. We find that we lack jurisdiction to consider the first appeal under the guise of a second notice of appeal. We also find that the trial...

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