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PEOPLE v. USHER

No. 2-08-0008.

920 N.E.2d 1135 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jermaine USHER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 15, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Kim M. DeWitt, Office of State Appellate Defender, Elgin, IL, for Appellant.

Michael J. Waller, Lake County State's Attorney, Waukegan, IL, Robert J. Biderman, State's Attorneys Appellate Prosecutor, Kathy Shepard, State's Attorneys Appellate Prosecutor, Springfield, IL, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Following a bench trial, defendant, Jermaine Usher, was convicted of armed violence (720 ILCS 5/33A-2 (West 1996)) and sentenced to 40 years' imprisonment. He subsequently filed a petition under the PostConviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)), alleging, among other things, that his trial counsel was ineffective for failing to file a notice...

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