People v. Lee

The principal question presented in these consolidated appeals is whether a postconviction petitioner may raise a claim based on Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), in a successive postconviction petition. In light of our recent decision in People v. De La Paz, 204 Ill. 2d 426 (2003), we answer this question in the negative.

BACKGROUND

On January 27,1988, the defendant, Christopher Lee, was found guilty of first degree murder by a jury in the circuit court of Tazewell County. At defendant’s sentencing hearing, the circuit court found that the murder…