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Laws-info.com » Cases » Illinois » 4th District Appellate » 2003 » People v. Thompson
People v. Thompson
State: Illinois
Court: 4th District Appellate
Docket No: 4-00-0349 Rel
Case Date: 01/08/2003

NO. 4-00-0349

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
                          Plaintiff-Appellee, ) Circuit Court of
                          v. ) Champaign County
ERNEST THOMPSON, ) No. 99CF741
                          Defendant-Appellant. )
) Honorable
) Arnold F. Blockman,
) Judge Presiding.

JUSTICE KNECHT delivered the opinion of the court:

In August 1999, defendant, Ernest Thompson, pleadedguilty to aggravated battery (720 ILCS 5/12-4(b)(11) (West 1998))

and violation of an order of protection (720 ILCS 5/12-30(a)(West 1998)). On September 7, 1999, the trial court sentenceddefendant to concurrent extended terms of nine years for aggravated battery and six years for violation of an order of protection.

Defendant filed a pro se motion to withdraw guiltyplea, which motion he later withdrew. He filed no direct appeal. Instead, on February 10, 2000, defendant filed papers with thetrial court which the court construed as a motion to withdrawguilty plea. The trial court denied the motion, finding itlacked jurisdiction to entertain the motion. On February 15,2000, defendant filed a petition to withdraw guilty plea andvacate sentence. Once again, on February 21, 2000, the trialcourt denied the motion finding it lacked jurisdiction to entertain the motion.

On February 28, 2000, defendant filed a pro sepostconviction petition under the Post-Conviction Hearing Act(Act) (725 ILCS 5/122-1 through 122-8 (West 2000)). The petitionalleged his plea was involuntary and in violation of the pleaagreement. He also alleged he was unconstitutionally deprived ofa lawyer and was the victim of other unspecified unconstitutionalviolations. The trial court dismissed the petition as frivolousand patently without merit.

Defendant appeals, arguing (1) the trial court improperly entered an extended-term sentence for violation of an orderof protection and that sentence is void; (2) the extended-termsentences imposed by the trial court based on his prior convictions violated Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed.2d 435, 120 S. Ct. 2348 (2000); and (3) Public Act 83-942 (Pub.Act. 83-942, eff. November 23, 1983 (1983 Ill. Laws 6200)),amending the Act to allow dismissal of petitions prior to theappointment of counsel, violated the single subject rule of theIllinois Constitution (Ill. Const. 1970, art. IV,

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