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PEOPLE v. SCHRADER

No. 1-02-1565.

820 N.E.2d 489 (2004)

353 Ill. App.3d 684

289 Ill.Dec. 713

The PEOPLE of the State of Illinois, Respondent-Appellee, v. Michael SCHRADER, Petitioner-Appellant.

Appellate Court of Illinois, First District, Third Division.

As Modified Upon Denial of Rehearing December 8, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Robert Hirschhorn, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, County of Cook, Chicago (Renee Goldfarb and Alan J. Spellberg, of counsel), for Appellee.

Justice HARTMAN delivered the modified opinion of the court upon denial of rehearing:

Petitioner, Michael Schrader, appeals from the circuit court's denial of his pro se petition for relief from judgment filed pursuant to section 2-1401 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-1401 (West 2002) (section 2-1401). On appeal, petitioner contends that (1) the court was without authority to summarily dismiss his section 2-1401 petition, (2) his extended...

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