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PEOPLE v. MARSHALL

No. 3-08-0825.

931 N.E.2d 1271 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earl Lee MARSHALL, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 8, 2010.

Attorney(s) appearing for the Case

John H. Gleason, Office of the State Appellate Defender, Mount Vernon, for Earl Lee Marshall.

Terry A. Mertel, Deputy Director, Dawn D. Duffy, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, for the People.

Justice SCHMIDT delivered the opinion of the court:

Defendant, Earl Lee Marshall, pled guilty to first degree murder. The circuit court of Peoria County sentenced him to 33 years' imprisonment and ordered him to pay a DNA analysis fee of $200. This is defendant's direct appeal in which he claims the order directing him to pay the $200 DNA fee should be vacated as the court was without authority to order him to submit a sample or pay the fee as his DNA was already...

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