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People v. Stewart

Case Date: 12/18/2001
Court: 1st District Appellate
Docket No: 1-99-3621 Rel

SECOND DIVISION
December 18, 2001




No. 1--99--3621


THE PEOPLE OF THE STATE OF ILLINOIS,

                    Plaintiff-Appellee,

                                 v.

CHARLES STEWART,

                    Defendant-Appellant.

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)		 Appeal from the
Circuit Court of
Cook County.



Honorable
James D. Egan,
Judge Presiding.

JUSTICE BURKE delivered the opinion of the court:

Defendant Charles Stewart appeals from an order of the circuitcourt dismissing, without an evidentiary hearing, his pro sepetition for postconviction relief filed pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122--1 et seq. (West1998)). On appeal, defendant contends that the trial court erredin summarily dismissing his postconviction petition as untimely,that his extended-term sentence violates Apprendi v. New Jersey,530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and thatPublic Act 83--942 (Pub. Act 83--942, eff. November 23, 1983)violates the single subject rule of article IV, section 8, of theIllinois Constitution (Ill. Const. 1970, art. IV,