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PEOPLE v. SHRINER

No. 2-92-0502.

634 N.E.2d 400 (1994)

262 Ill. App.3d 10

199 Ill.Dec. 561

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward SHRINER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 17, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, Theodore A. Gottfried, Appellate Defender, Office of State Appellate Defenders, Springfield, Michael J. Pelletier, Deputy Defender, Alan D. Goldberg, Asst. Appellate Defender, Office of the State Appellate Defenders, Chicago, for Edward Shriner.

James E. Ryan, DuPage County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, State's Attys. Appellate Service Com'n, Linda Susan McClain, Staff Atty. State's Attys. Appellate Prosecutor, Springfield, for the People.

Presiding Justice INGLIS delivered the opinion of the court:

Defendant, Edward Shriner, appeals the order of the circuit court of Du Page County which granted the State's motion to dismiss his post-conviction petition. The issue on appeal is whether we should review, pursuant to the "fundamental fairness" exception to the res judicata doctrine, defendant's claim that he was improperly sentenced as an habitual offender. We affirm.

Defendant was convicted...

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