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PEOPLE v. McKENZIE

No. 3-99-0565.

752 N.E.2d 1256 (2001)

323 Ill. App.3d 592

257 Ill.Dec. 76

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Damon McKENZIE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 13, 2001.

Attorney(s) appearing for the Case

Donna K. Kelly (argued), Office of the State Appellate Defender, Ottawa, for Damon McKenzie.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Jeff Tomczak, Will County State's Attorney, Joliet, Judith Z. Kelly (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice McDADE delivered the opinion of the court:

Defendant, Damon McKenzie, appeals from the dismissal of his post-conviction petition at the second stage of the statutory procedures established at 725 ILCS 5/122-1 (West 1998). We reverse, specifically overruling this court's 1987 decision in People v. Robinson, 160 Ill.App.3d 366, 112 Ill.Dec. 189, 513 N.E.2d 603 (1987) and its...

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