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PEOPLE v. SMITH

Docket No. 3-11-0738.

993 N.E.2d 589 (2013)

2013 IL App (3d) 110738

373 Ill. Dec. 283

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mickey D. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 2, 2013.

Attorney(s) appearing for the Case

Kerry J. Bryson , of State Appellate Defender's Office, of Ottawa, for appellant.

James Glasgow , State's Attorney, of Joliet ( Terry A. Mertel and Nadia L. Chaudhry , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice SCHMIDT delivered the judgment of the court, with opinion

¶ 1 Pursuant to a fully negotiated plea agreement, defendant, Mickey D. Smith, pled guilty to first degree murder (720 ILCS 5/9-1(a)(2) (West 2010)) and was sentenced to 30 years' imprisonment. Defendant appeals from the summary dismissal of his postconviction petition, arguing that he presented the gist of a constitutional claim that his sentence is void. We reverse and remand...

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