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PEOPLE v. VASQUEZ

No. 2-98-0680.

718 N.E.2d 356 (1999)

307 Ill. App.3d 670

240 Ill.Dec. 875

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Helder C. VASQUEZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 29, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Linda A. Johnson (Court-appointed), Office of the State Appellate Defender, Elgin, for Helder C. Vasquez.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, William R. Brandstrader, Prospect Heights, for the People.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, Helder C. Vasquez, appeals the order dismissing his petition for postconviction relief pursuant to section 122-2.1(a)(2) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-2.1(a)(2) (West 1998)). Defendant contends that his petition was improperly dismissed and should have been considered pursuant to sections 122-4 through 122-6 of the Act (725 ILCS 5/122-4 through 122-6 (West 1998)) because...

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