PEOPLE v. TOWNSELL

No. 95725.

809 N.E.2d 103 (2004)

209 Ill.2d 543

283 Ill.Dec. 910

The PEOPLE of the State of Illinois, Appellant, v. Dennis TOWNSELL, Appellee.

Supreme Court of Illinois.

April 15, 2004.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Marshall E. Douglas, State's Attorney, Rock Island (Gary Feinerman, Solicitor General, Linda D. Woloshin and Mary Beth Burns, Assistant Attorneys General, Chicago, and Norbert J. Goetten, John X. Breslin and Gary F. Gnidovec, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert J. Agostinelli, Deputy Defender, and Mark D. Fisher, Assistant Defender, of the Office of the State Appellate Defender, Ottawa, for appellee.


Justice THOMAS delivered the opinion of the court:

The issue presented is whether an Apprendi claim that is waived pursuant to a guilty plea may nevertheless be considered on appeal under the plain error exception to the waiver rule. We hold that it may not.

BACKGROUND

In exchange for the State seeking neither the death penalty nor a mandatory life sentence, defendant, Dennis Townsell, pleaded guilty to first degree murder (Ill. Rev.Stat.1991...

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