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PEOPLE v. HERNANDEZ

No. 2-97-0623.

694 N.E.2d 1082 (1998)

296 Ill. App.3d 349

230 Ill.Dec. 804

The PEOPLE of the State of Illinois, Respondent-Appellant, v. Manuel F. HERNANDEZ, Petitioner-Appellee.

Appellate Court of Illinois, Second District.

May 8, 1998.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Atty., St. Charles, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attys. Appellate Prosecutor, Elgin, for People.

Law Offices of Morelli, Cook & Petersen, Fred M. Morelli Jr., Aurora, for Manuel F. Hernandez.

Justice DOYLE delivered the opinion of the court:

Petitioner, Manuel Hernandez, pleaded guilty to the unlawful possession of a controlled substance (Ill.Rev.Stat.1991, ch. 56 ½, par. 1402(a)(2)(A) (now 720 ILCS 570/402(a)(2)(A) (West 1996))). He petitioned for postconviction relief (see 725 ILCS 5/122-1 et seq. (West 1996)), asserting that his conviction violated the ban on double jeopardy. The trial court...

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