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PEOPLE v. MAGDALENO

No. 2-88-0057.

188 Ill. App.3d 384 (1989)

543 N.E.2d 1104

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LUIS MAGDALENO, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed September 6, 1989.

Attorney(s) appearing for the Case

G. Joseph Weller and Paul J. Glaser, both of State Appellate Defender's Office, of Elgin, for appellant.

Fred L. Foreman, State's Attorney, of Waukegan (William J. Browers and Cynthia N. Schneider, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE McLAREN delivered the opinion of the court:

Defendant, Luis Magdaleno, appeals from an order of the circuit court dismissing his petition for post-conviction relief. Defendant raises one issue on appeal: whether he is entitled to a new hearing on the petition because the State wrongly filed a motion to strike on which the trial court relied when it dismissed the petition. We reverse and remand.

After a jury trial, defendant...

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