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PEOPLE v. WINFREY

No. 2-02-1224.

808 N.E.2d 589 (2004)

347 Ill. App.3d 987

283 Ill.Dec. 623

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Albert S. WINFREY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 22, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul J. Glaser (Court-appointed), Office of the State Appellate Defender, Elgin, for Albert S. Winfrey.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Presiding Justice O'MALLEY delivered the opinion of the court:

Defendant, Albert S. Winfrey, appeals the trial court's summary denial of his habeas corpus petition. He contends that, in dismissing his petition, the court improperly treated it as a postconviction petition. We reverse and remand.

Defendant filed a pro se petition for habeas corpus relief. See 735 ILCS 5/10-101 et seq. (West 2002). In his petition, he argued that the...

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