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Docket No. 95713-Agenda 4-November 2003.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST THOMPSON, Appellant.

Opinion filed February 20, 2004.

JUSTICE GARMAN delivered the opinion of the court:

In 1999, defendant, Ernest Thompson, entered negotiated pleas ofguilty to one count of aggravated battery (720 ILCS 5/12-4(b)(11) (West1998)) and one count of violation of an order of protection (720 ILCS5/12-30(a) (West 1998)). Because defendant had been previouslyconvicted of violating an order of protection, the latter charge was a Class4 felony (720 ILCS 5/12-30(d) (West 1998)). In return for defendant'splea, the State agreed to dismiss two other counts of the indictment. Therewas no agreement as to sentencing. At the guilty plea hearing, the circuitcourt of Champaign County admonished defendant pursuant to SupremeCourt Rule 402 (177 Ill. 2d R. 402) and obtained a factual basis for theplea. Following a sentencing hearing, the circuit court imposed anextended-term sentence of nine years on the aggravated battery convictionand a concurrent, extended-term sentence of six years on the convictionof violation of an order of protection.

On February 28, 2000, defendant filed a pro se postconvictionpetition pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS5/122-1 through 122-8 (West 1998)). Although the petition advancedvarious general constitutional claims, defendant did not challenge hissentences. The circuit court dismissed the petition as frivolous and patentlywithout merit. On appeal, defendant argued that (1) his extended-termsentences violated Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed.2d 435, 120 S. Ct. 2348 (2000); (2) Public Act 83-942 (Pub. Act83-942, eff. November 23, 1983), amending the Act to allow dismissalsof petitions prior to the appointment of counsel, violated the single subjectrule of the Illinois Constitution (Ill. Const. 1970, art. IV,