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PEOPLE v. RUSSELL

No. 1-01-3984.

801 N.E.2d 977 (2003)

345 Ill. App.3d 16

280 Ill.Dec. 32

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven RUSSELL, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

December 2, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Shaena M. Fazal, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, William D. Carroll and Manny Magence, Assistant State's Attorneys, of Counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

Defendant Steven Russell appeals from the summary dismissal of his pro se postconviction petition. Defendant contends his petition was sufficient to survive dismissal at the first stage of postconviction relief where it alleged a due process violation based on the trial court's failure to admonish him under Supreme Court Rule 402 (177 Ill.2d R. 402) that he would be required to serve a 2-year period of mandatory...

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