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PEOPLE v. RIVERA

No. 89884.

763 N.E.2d 306 (2001)

198 Ill.2d 364

261 Ill.Dec. 336

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

Supreme Court of Illinois.

Rehearing Denied February 4, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Michael T. James, States's Attorney, Ottawa (Joel D. Bertocchi, Solicitor General, William L. Browers, Michael Hoard, Assistant Attorneys General, Chicago, Norbert J. Goetten, John X. Breslin, Office of the State's Attorneys Appellate Prosecutor, Julie Madison Angus, Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, Santiago A. Durango, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellee.

Justice FREEMAN delivered the opinion of the court:

We granted leave to appeal (177 Ill.2d R. 315(a)) in this case in order to decide whether the circuit court may, during the summary stage of a post-conviction proceeding, partially dismiss some claims raised in a post-conviction petition while advancing other claims raised in the same petition to the second stage of the proceeding. In this case, the circuit court believed that it could proceed in such fashion. The...

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