without implicating Apprendi. The unlawful-use-of-a-weapon conviction operates independently, making the extended-term sentence one of the recognized exceptions, to the Apprendi rule. We have no choice but to apply Rivera's unlawful-use-of-a-weapon-by-a-felon-whileincarcerated charges and find that they effectively predate his murder conviction and, by the ruling of the Illinois Supreme Court in his direct appeal and in light of the Supreme Court's decisions in De La Paz, were properly considered.
*891 CONCLUSION In light of the foregoing, the decision of the trial court to dismiss Rivera's postconviction petition is affirmed.
Judgment affirmed.
QUINN, J. and HARTIGAN, J.,[1] concur.
NOTES [1] Justice Buckley retired in 2002. Justice Hartigan succeeded him in his position.