People v. Townsell

Docket No. 95725–Agenda 2–January 2004.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DENNIS TOWNSELL, Appellee.

Opinion filed April 15, 2004.

The issue presented is whether an Apprendi claim that is waived pursuant to a guilty plea may nevertheless be considered on appeal under the plain error exception to the waiver rule. We hold that it may not.

BACKGROUND

In exchange for the State seeking neither the death penalty nor a mandatory life sentence, defendant, Dennis Townsell, pleaded guilty to first degree murder (Ill. Rev. Stat. 1991, ch. 38, par. 9–1(a)(1)). A sentencing hearing was held,…