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People v. Hughes

Case Date: 04/16/2002
Court: 4th District Appellate
Docket No: 4-01-0256 Rel

NO. 4-01-0256

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT



THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
           Plaintiff-Appellee, ) Circuit Court of
                         v. ) Logan County
BILLY HUGHES, JR., ) Nos. 98CM384
           Defendant-Appellant. )      98DT78
)      99CF72
)
)

Honorable
) David L. Coogan,
) Judge Presiding.

 

JUSTICE TURNER delivered the opinion of the court:

Defendant, Billy Hughes, Jr., appeals from a March 2001order of the circuit court of Logan County denying hispostconviction petition. He asserts the trial court should havegranted the petition because he did not receive effective assistance of counsel due to his trial counsel's failure to file amotion to reduce sentence. We affirm.

I. BACKGROUND

In April 1999, the State charged defendant with calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)),unlawful delivery of a controlled substance (720 ILCS570/401(a)(2)(B) (West 1998) (text of section as amended by Pub.Act 90-674,