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PEOPLE v. SHELLSTROM

No. 2-02-0618.

802 N.E.2d 381 (2003)

345 Ill. App.3d 175

280 Ill.Dec. 456

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel R. SHELLSTROM, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 30, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers (Court-appointed), Office of the State Appellate Defender, Elgin, for Daniel R. Shellstrom.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People, Donald N. Snyder.

Presiding Justice HUTCHINSON delivered the opinion of the court:

Defendant, Daniel R. Shellstrom, appeals the trial court's summary dismissal of his mandamus complaint. He contends that, in dismissing his complaint, the trial court improperly characterized the action as a postconviction petition. We reverse and remand.

Defendant was charged with three counts of home invasion (720 ILCS 5/12-11(a)(2) (West 1994)), three counts of aggravated criminal sexual...

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