PEOPLE v. MALDONADO

No. 2-92-0950.

626 N.E.2d 273 (1993)

254 Ill. App.3d 145

193 Ill.Dec. 240

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricardo MALDONADO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 28, 1993.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Paul Alexander Rogers, Daniel M. Kirwan, Deputy Defender, Janet Gandy Fowler, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for Ricardo Maldonado.

Michael J. Waller, Lake County State's Atty., William L. Browers, Stephen E. Norris, Deputy Directors, State's Attys. Appellate Prosecutors, Scott A. Manuel, Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for the People.


Justice GEIGER delivered the opinion of the court:

The defendant, Ricardo Maldonado, appeals from the dismissal of his pro se post-conviction petition. He argues that his conviction of unlawful delivery of a controlled substance (Ill.Rev.Stat., 1988 Supp., ch. 561/5, par. 1401(a)(2) (now codified, as amended, at 720 ILCS 570/401(a)(2) (West 1992))) must be vacated, as it was based on the same physical conduct as his conviction of armed violence predicated upon...

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