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PEOPLE v. KELLER

No. 5-02-0371.

801 N.E.2d 84 (2003)

344 Ill. App.3d 824

279 Ill.Dec. 792

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David KELLER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

November 20, 2003.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

Bill Mudge, State's Attorney, Edwardsville; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharon Shanahan, Grant Attorney, State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice MAAG delivered the opinion of the court:

The defendant, David Keller, appeals the dismissal of his postconviction petition. The defendant filed a motion for reconsideration, and the circuit court denied the motion. The defendant filed a timely notice of appeal. We reverse and remand.

The relevant facts are as follows. A jury found the defendant guilty of firstdegree murder and attempt (armed robbery) on September 24, 1993. On October 21, 1993, the...

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