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PEOPLE v. DUPREE

No. 1-98-3931.

793 N.E.2d 31 (2003)

339 Ill. App.3d 512

275 Ill.Dec. 551

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Cedric F. DUPREE, Jr., Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

May 20, 2003.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County, Chicago (Eileen T. Pahl, Assistant Public Defender, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Kenneth T. McCurry and Katherine Blakey Cox, Assistant State's Attorneys, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

The ultimate issue we reach in this case is this: may a defendant tried in absentia obtain a review of his conviction and sentence under section 115-4.1(g) of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/115-4.1(g) (West 2000)) even though he has failed to establish that his absence from trial was without fault and due to circumstances beyond his control? We conclude the answer may be "yes...

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