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PEOPLE v. SUTHERLAND

No. 1-01-3770.

803 N.E.2d 1051 (2004)

345 Ill. App.3d 937

281 Ill.Dec. 430

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William SUTHERLAND, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

January 30, 2004.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Chicago (Michael J. Pelletier, Adam L. Frankel, of counsel), for Appellant.

Cook County State's Attorney, Chicago (Richard A. Devine, Renee Goldfarb, Joan F. Frazier, of counsel), for Appellee.

Justice GALLAGHER delivered the opinion of the court:

Defendant William Sutherland appeals from the trial court's first-stage dismissal of his pro se petition for relief pursuant to the Post-Conviction Hearing Act, 725 ILCS 5/122-1 et seq. (West 2000) (the Act). For the reasons discussed herein, we vacate the trial court's order dismissing defendant's postconviction petition and remand for proceedings under sections 122-4 through 122-6 of the Act.

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