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PEOPLE v. PINKONSLY

No. 94644.

802 N.E.2d 236 (2003)

207 Ill.2d 555

280 Ill.Dec. 311

The PEOPLE of the State of Illinois, Appellant and Cross-Appellee, v. Robert PINKONSLY, Appellee and Cross-Appellant.

Supreme Court of Illinois.

November 20, 2003.

Attorney(s) appearing for the Case

James E. Ryan and Lisa Madigan, Attorneys General, Springfield, and Gary W. Pack, State's Attorney, Woodstock (Lisa Anne Hoffman and Mark L. Josephson, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Martin P. Moltz and Lawrence M. Bauer, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Carol L. Anfinson, Aurora, for appellee and cross-appellant.

Justice FITZGERALD delivered the opinion of the court:

The State and the defendant, Robert Pinkonsly, both appeal a decision of the appellate court affirming in part and vacating in part a McHenry County circuit court order dismissing the defendant's amended petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2002)). Because the appellate court erred in vacating the defendant's unlawful delivery of a controlled substance convictions...

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