People v. Coulter Modified upon Denial of Rehearing - replaces opinion filed 8/1/03

SIXTH DIVISION

October 10, 2003

No. 1-99-0432

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

DWAYNE COULTER,

Defendant-Appellant.)))))))))

Appeal from the

Circuit Court of

Cook County

Honorable

Colleen McSweeney-Moore,

Judge Presiding.

JUSTICE GALLAGHER delivered the modified opinion of the court upon denial of rehearing:

On March 3, 2003, the United States Supreme Court vacated this court’s judgment in People v. Coulter , 321 Ill. App. 3d 644, 748 N.E.2d 240 (2001) ( Coulter II ), and remanded the case to this court for further consideration in light of its decision in Miller-El v. Cockrell ,…