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PEOPLE v. SMITH

No. 2-07-1301.

916 N.E.2d 1225 (2009)

334 Ill.Dec. 337

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

Appellate Court of Illinois, Second District.

October 2, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Paul J. Glaser (both Court-appointed), Office of the State Appellate Defender, Elgin, for Dan W. Smith.

John B. Roe, Ogle County State's Attorney, Oregon, Lawrence M. Bauer, Deputy Director, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice JORGENSEN delivered the opinion of the court:

Defendant, Dan W. Smith, was convicted of murder in 1979 and, following a remand from the supreme court, again in 1983. He was sentenced to natural life imprisonment. Defendant filed a petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2006)), which the trial court denied. Defendant appeals, contending that his petition stated a valid claim that his natural-life sentence...

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