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PEOPLE v. SAWCZENKO

No. 2-00-1358.

767 N.E.2d 519 (2002)

328 Ill. App.3d 888

263 Ill.Dec. 68

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven SAWCZENKO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 12, 2002.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Thomas A. Lilien (Court-appointed), Elgin, for Steven Sawczenko.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Elgin, Barry W. Jacobs, Chicago, for People of the State of Illinois.

Justice KAPALA delivered the opinion of the court:

Defendant, Steven Sawczenko, appeals from an order of the circuit court of Du Page County summarily dismissing his second postconviction petition without an evidentiary hearing. For the reasons that follow, we reverse and remand.

I. FACTS

On September 12, 1994, defendant pleaded guilty to aggravated battery to a peace officer (720 ILCS 5/12-4(b)(6) (West 1992)). The trial court sentenced defendant...

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