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PEOPLE v. WEST

No. 71699.

584 N.E.2d 124 (1991)

145 Ill.2d 517

164 Ill.Dec. 912

The PEOPLE of the State of Illinois, Appellee, v. Thomas Paul WEST, Appellant.

Supreme Court of Illinois.

December 19, 1991.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Thomas A. Lilien, Asst. Defender, Office of the State App. Defender, Elgin, for appellant.

Roland W. Burris, Atty. Gen., Springfield, William E. Herzog, State's Atty., Kankakee (Kenneth R. Boyle, John X. Breslin, Gary F. Gnidovec, Office of the State's Attys. Appellate Prosecutor, Ottawa of counsel), for the People.

Justice HEIPLE delivered the opinion of the court:

Petitioner, Thomas Paul West, appeals the dismissal of his petition for relief pursuant to the Post-Conviction Hearing Act (Ill.Rev.Stat.1989, ch. 38, par. 122-1 et seq.). The dismissal was grounded on the fact that post-conviction relief is unavailable where, as here, the underlying sentence has been fully served. The appellate court affirmed. (209 Ill.App.3d 1019

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