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PEOPLE v. KELLEY

No. 1-04-2600.

852 N.E.2d 324 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Andre KELLEY, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

June 23, 2006.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney, and James E. Fitzgerald, Mary P. Needham, and Derrick F. Smith, Assistant State's Attorneys, of counsel, Chicago, for Plaintiff-Appellee.

Michael J. Pelletier, Deputy Defender, and Brett C. Zeeb, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Defendant-Appellant.

Justice TULLY delivered the opinion of the court:

Defendant, Andre Kelley appeals the second-stage dismissal of his postconviction petition in which he alleged that his life sentence is void in light of the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Plaintiff, the People of the State of Illinois (the State), moved for dismissal of defendant's petition...

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