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WEIDNER v. COWAN

No. 1-04-0550.

838 N.E.2d 179 (2005)

361 Ill. App.3d 664

297 Ill.Dec. 692

Randall WEIDNER, Petitioner-Appellant, v. Roger COWAN, Warden, Respondent-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

October 28, 2005.

Attorney(s) appearing for the Case

Randall Weidner, pro se.

Richard A. Devine, State's Attorney, Cook County (James Fitzgerald, Alan Spellberg, Assistant State's Attorneys, of counsel), Chicago, for Respondent-Appellee.

Justice FITZGERALD SMITH delivered the opinion of the court:

Petitioner Randall Weidner sought an order of habeas corpus, naming Roger Cowan, warden of the Menard Correctional Center, as defendant. Weidner alleged his extended-term sentences were unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296

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