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PEOPLE v. RIVERA

No. 1-01-2747.

803 N.E.2d 882 (2002)

346 Ill. App.3d 398

281 Ill.Dec. 261

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

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied December 30, 2003.

As Modified Upon Denial of Rehearing January 16, 2004.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County, Chicago (Lester Finkle, of counsel), for Appellants.

Richard A. Devine State's Attorney, County of Cook, Chicago (Renee Goldfarb and Alan J. Spellberg, of counsel), for Appellees.

MODIFIED UPON DENIAL OF REHEARING

Justice REID delivered the opinion of the court:

Following the entry of a final judgment and dismissal of a postconviction petition, Angelo Rivera (Rivera) filed the present appeal challenging the propriety of the summary dismissal of his petition for postconviction relief. Rivera has been tried and convicted twice for murdering Zelia Simmons. A detailed statement of the facts surrounding the murder may be found in People...

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