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PEOPLE v. SAK

No. 1-87-1300.

186 Ill. App.3d 816 (1989)

542 N.E.2d 1155

THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellant, v. KRYZYSZTOF SAK, Petitioner-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed July 28, 1989.

Attorney(s) appearing for the Case

Cecil A. Partee, State's Attorney, of Chicago (Inge Fryklund, James E. Fitzgerald, and Michael D. Jacobs, Assistant State's Attorneys, of counsel), for the People.

Donald L. Bertelle, of Collins & Bertelle, of Chicago (Janet L. Powers, Law Student), for appellee.

Judgment affirmed.

JUSTICE LORENZ delivered the opinion of the court:

In this case we consider whether the language of the Post-Conviction Hearing Act (the Act) (Ill. Rev. Stat. 1985, ch. 38, par. 122-1), permitting petitions thereunder by persons "imprisoned in the penitentiary," precludes a remedy to an individual who has completed his sentence prior to seeking post-conviction relief.

We conclude it does not and affirm the judgment of the circuit...

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