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PEOPLE v. RIVERA

No. 2-01-1207.

795 N.E.2d 1016 (2003)

342 Ill. App.3d 547

277 Ill.Dec. 348

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carlos A. RIVERA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 20, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Kathleen J. Hamill (Court-appointed), Office of the State Appellate Defender, Elgin, for Carlos A. Rivera.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Gunta Z. Hadac, Grayslake, for the People.

Justice BOWMAN delivered the opinion of the court:

Defendant, Carlos Rivera, appeals the circuit court's order summarily dismissing his petition pursuant to the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-1 et seq. (West 2000)). Defendant contends that the petition states a valid claim that he was deprived of the effective assistance of counsel when his lawyer did not heed his request to appeal. We reverse and remand.

Defendant pleaded guilty...

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