PEOPLE v. OAKES

No. 3-02-0171.

824 N.E.2d 640 (2005)

355 Ill. App.3d 748

291 Ill.Dec. 784

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard Patrick OAKES, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied March 11, 2005.


Attorney(s) appearing for the Case

Kenneth D. Brown, Office of the State Appellate Defender, Ottawa, for Richard Patrick Oakes.

Lawrence M. Bauer, Deputy Director, Dawn D. Duffy, State's Attorneys Appellate Prosecutor, Ottawa, Edward Danner, Fulton County State's Attorney, Lewistown, for the People.


Justice SCHMIDT delivered the opinion of the court:

Defendant Richard Patrick Oakes was charged with the 1986 murder of Helen Finley. In February 1988, he entered a fully negotiated plea of guilty and was sentenced to an 80-year extended term of imprisonment.

On August 16, 2000, defendant filed a pro se petition for postconviction relief claiming that his sentence was imposed in violation of the rule of Apprendi v. New Jersey,

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