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People v. Sharpe

Case Date: 05/08/2001
Court: 3rd District Appellate
Docket No: 3-99-0668 Rel

May 8, 2001

No. 3--99--0668

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2001

THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellee,

          v.

TEWAYNE SHARPE,

          Defendant-Appellant.

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)		 Appeal from the Circuit Court
of the 21st Judicial Circuit,
Kankakee County, Illinois


No. 97--CF--142

Honorable
Daniel W. Gould,
Judge Presiding.

PRESIDING JUSTICE HOMER delivered the opinion of the court:

Following a jury trial, defendant Tewayne Sharpe wasconvicted of home invasion (720 ILCS 5/12--11(a)(1) (West 1996)). The court subsequently sentenced him to 12 years' imprisonment. On direct appeal, this court affirmed. People v. Sharpe, No. 4--97--0573 (1998) (unpublished order under Supreme Court Rule 23). Defendant then filed a timely pro se petition for postconvictionrelief. The circuit court summarily dismissed the petition asfrivolous and without merit. Defendant appeals.

The sole issue before us is whether Public Act 83--942 (Pub.Act 83--942, eff. November 23, 1983), which amended the Post-Conviction Hearing Act (725 ILCS 5/122--1 et seq. (West 1998)),violates the single subject clause of the Illinois Constitution(Ill. Const. 1970, art. IV,