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PEOPLE v. RUTKOWSKI

No. 2-91-0381.

589 N.E.2d 163 (1992)

225 Ill. App.3d 1065

168 Ill.Dec. 49

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Piotr RUTKOWSKI, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 11, 1992.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender and Daniel M. Kirwan, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for Piotr Rutkowski.

Stephen E. Norris, Deputy Director, Debra A. Buchma, State's Atty. Appellate Prosecutors, Mt. Vernon, James E. Ryan, DuPage County State's Atty. and Kenneth R. Boyle, Director States Atty. Appellate Prosecutor, Springfield, for the People.

Justice INGLIS delivered the opinion of the court:

Defendant, Piotr Rutkowski, appeals from the dismissal of his pro se post-conviction petition by the circuit court of Du Page County. We have jurisdiction pursuant to section 122-7 of the Post-Conviction Hearing Act (Act) (Ill.Rev.Stat.1989, ch. 38, par. 122-7) and Supreme Court Rule 651 (134 Ill.2d R. 651). The sole issue on appeal is whether the trial court erred by considering the State's motion to strike...

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