People v. Lee

The defendant, Christopher A. Lee, was convicted of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)(1)). He filed a successive postconviction petition that was dismissed as frivolous. On appeal from the denial of his petition, the defendant argues that: (1) section 122 — 2.1 of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122— 2.1 (West 2000)) is unconstitutional; and (2) his 80-year extended-term sentence violates the constitutional rule set forth in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). We hold that Apprendi applies…