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PEOPLE v. SMITH

No. 1-01-2623.

785 N.E.2d 76 (2003)

337 Ill. App.3d 175

271 Ill.Dec. 425

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Green SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

January 24, 2003.

Attorney(s) appearing for the Case

Office of the State Appellate Defender (Michael J. Pelletier, Robert P. Davidow, of counsel), for Appellant.

State's Attorney of County of Cook (Richard A. Devine, Renee Goldfarb, Alan J. Spellberg, of counsel), for Appellee.

Presiding Justice GALLAGHER delivered the opinion of the court:

Petitioner, Green Smith, appeals from the trial court's summary dismissal of his post conviction petition.1 In the appeal, petitioner contends that the statute under which he was sentenced violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435, (2000).

On March 27, 1987, following a bench trial, petitioner...

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