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PEOPLE v. PEARSON

No. 2-02-1097, 2-03-0205.

802 N.E.2d 386 (2003)

345 Ill. App.3d 191

280 Ill.Dec. 461

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Deon L. PEARSON, Defendant-Appellant (Two Cases).

Appellate Court of Illinois, Second District.

December 30, 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 Deon L. Person in No. 2-02-1097.

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, for Deon L. Pearson in No. 2-03-0205.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BYRNE delivered the opinion of the court:

Defendant, Deon L. Pearson, appeals from the dismissals of his petition for relief under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2000)) and of his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)). He contends that the dismissal of his section 2-1401 petition under the procedure set out in the Act was reversible error. We agree and...

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