PEOPLE v. MACKINS

No. 2-90-0188.

584 N.E.2d 888 (1991)

222 Ill. App.3d 1063

165 Ill.Dec. 454

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Wayne E. MACKINS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 17, 1991.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Manuel S. Serritos, Elgin, for Wayne Makins.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, Martin P. Moltz, State's Attys. Appellate Prosecutors, Elgin, for the People.


Justice McLAREN delivered the opinion of the court:

Defendant, Wayne E. Mackins, appeals from an order of the circuit court of Lake County which dismissed his petition for relief pursuant to section 2-1401 of the Code of Civil Procedure (Code) (Ill.Rev.Stat.1989, ch. 110, par. 2-1401). Defendant raises two issues on appeal: (1) whether the trial court erred in dismissing the petition without a hearing; and (2) whether, alternatively, the petition should have been...

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