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Rule 23 Order filed

May 3, 2002;

Motion to publish granted

May 29, 2002

JUSTICE RARICK delivered the opinion of the court:

Geoffrey W. Freeman (plaintiff) filed a pro se petition for a writ of habeas corpusin the circuit court of Randolph County. The petition contended that the United StateSupreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120S. Ct. 2348 (2000), rendered his sentences void. The court dismissed the petition upon thedefendant's motion. Plaintiff appeals, contending that the circuit court improperly dismissedhis petition for a writ of habeas corpus. We affirm.

Plaintiff was found guilty after a jury trial of armed robbery and first-degree murderand was sentenced to natural-life imprisonment on the murder conviction and 25 years'imprisonment for the armed robbery. Plaintiff exhausted all other postconviction appealsand remedies. On May 15, 2001, plaintiff filed his pro se petition for a writ of habeascorpus, contending that his natural-life sentence was an improper extended term because thefinding that his offense was accompanied by exceptionally brutal and heinous behaviorindicative of wanton cruelty was not put before a jury and proved beyond a reasonabledoubt. The trial court dismissed the petition for the failure to state a cause of action. Plaintiff initially argues that the court failed to enter an appealable order. An order ofdismissal for the failure to state a cause of action, however, is a final and appealable order. See Boonstra v. City of Chicago, 214 Ill. App. 3d 379, 385, 574 N.E.2d 689, 693 (1991). Plaintiff also argues that the court erred in dismissing his petition. We disagree. A writ ofhabeas corpus is available only to obtain the release of a prisoner who has been incarceratedunder a judgment of a court that lacked jurisdiction of the subject matter or the person of theplaintiff or where there has been some occurrence subsequent to the prisoner's convictionthat entitles him to his release. Owens v. Lane, 196 Ill. App. 3d 358, 360, 553 N.E.2d 784,786 (1990); Newsome v. Hughes, 131 Ill. App. 3d 872, 874, 476 N.E.2d 478, 480 (1985). A complaint for a writ of habeas corpus may not be used to review proceedings that do notexhibit one of these defects, even though the alleged error involves a denial of constitutionalrights. Barney v. Prisoner Review Board, 184 Ill. 2d 428, 430, 704 N.E.2d 350, 351 (1998);Newsome, 131 Ill. App. 3d at 874, 476 N.E.2d at 480. Plaintiff did not raise any issueregarding jurisdiction or allege any postconviction event entitling him to release, and hisclaim that his sentence is unconstitutional or otherwise imposed in error is not cognizable. See Schlemm v. Cowen, 323 Ill. App. 3d 318, 321, 752 N.E.2d 647, 649 (2001); People exrel. Bright v. Twomey, 4 Ill. App. 3d 365, 368, 279 N.E.2d 538, 540 (1972). Plaintiff didnot allege any error that is subject to review in habeas corpus proceedings, and therefore hefailed to state a cause of action entitling him to habeas corpus relief. Accordingly, the trialcourt did not err in dismissing plaintiff's petition for a writ of habeas corpus.

For the aforementioned reasons, we affirm the judgment of the circuit court ofRandolph County.

Affirmed.

GOLDENHERSH and CHAPMAN, Melissa, JJ., concur.

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Motion to Publish Granted: May 29, 2002

Opinion Filed: May 29, 2002

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Justices: Honorable Philip J. Rarick, J.

Honorable Richard P. Goldenhersh, J., and

Honorable Melissa A. Chapman, J.,

Concur

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Attorney Geoffrey W. Freeman, Reg. No.: N-40858, Menard Correctional Center, P.O. Box

for 711, Menard, IL 62259

Appellant

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for Browers, Karen Kaplan, Assistant Attorneys General, State of Illinois, 100 West

Appellee Randolph Street, 12th Floor, Chicago, IL 60601

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