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PEOPLE v. RIVERA

No. 3-98-0295.

734 N.E.2d 26 (2000)

315 Ill. App.3d 454

248 Ill.Dec. 318

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ernesto RIVERA, Defendant-Appellant.

Appellate Court of Illinois, Third District.

June 14, 2000.

Attorney(s) appearing for the Case

Santiago A. Durango (Court-appointed), Office of the State Appellate Defender, Ottawa, for Ernesto Rivera.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Michael James, State's Attorney, Ottawa, for the People.

Presiding Justice SLATER delivered the opinion of the court:

The defendant, Ernesto Rivera, was convicted of controlled substance trafficking (720 ILCS 570/401.1 (West 1992)) and sentenced to 40 years in prison. Subsequently, he filed a post-conviction petition which was, in part, summarily dismissed. At the second stage, more of the defendant's allegations were dismissed. Finally, relief was denied following an evidentiary...

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