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PEOPLE v. BATES

No. 1-98-4491.

751 N.E.2d 180 (2001)

323 Ill. App.3d 77

256 Ill.Dec. 127

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marcus BATES, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

June 6, 2001.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Michael H. Orenstein, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Renee Goldfarb, William Toffenetti, Manny Magence, Assistant State's Attorneys, Chicago, for Appellee.

Presiding Justice HALL delivered the opinion of the court:

The defendant, Marcus Bates, appeals from the dismissal of his petition for relief pursuant to the Post Conviction Hearing Act (the Act) (725 ILCS 5/122-1 et seq. (West 1998)). The circuit court of Cook County found that there was no merit to the defendant's allegations. The defendant appeals. We reverse the order of the circuit court and remand for further proceedings.

On July 19, 1991, the...

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