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PEOPLE v. KNOX

No. 2-01-0858.

783 N.E.2d 222 (2003)

336 Ill. App.3d 275

270 Ill.Dec. 647

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Theodore KNOX, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 17, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul J. Glaser (Court-appointed), Office of the State Appellate Defender, Elgin, for Theodore Knox.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Marshall M. Stevens, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice KAPALA delivered the opinion of the court:

Defendant, Theodore Knox, appeals from the denial of his "motion to vacate unconstitutional and void judgments." On appeal, he argues that his motion was in substance a petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)) and that the trial court erred in considering the State's argument before deciding whether the "postconviction...

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