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PEOPLE v. WILBURN

No. 3-02-0297.

789 N.E.2d 797 (2003)

338 Ill. App.3d 1075

273 Ill.Dec. 623

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. DeWayne C. WILBURN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 25, 2003.

Attorney(s) appearing for the Case

Thomas A. Karalis, Office of the State Appellate Defender, Ottawa, for DeWayne C. Wilburn.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Marshall E. Douglas, State's Attorney, Rock Island, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOLDRIDGE delivered the Opinion of the court:

The defendant, DeWayne C. Wilburn, was convicted of aggravated battery with a firearm and armed violence. 720 ILCS 5/12-4.2; 33A-2 (West 1994). The trial court sentenced defendant to 25 years' imprisonment on each offense, to be served consecutively. Defendant filed an amended postconviction petition, which was dismissed as untimely. Defendant appeals, contending the trial court erred in dismissing his petition...

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