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PEOPLE v. MANRIQUE

No. 3-02-0309.

813 N.E.2d 1095 (2004)

351 Ill. App.3d 277

286 Ill.Dec. 402

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Armando MANRIQUE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 23, 2004.

Attorney(s) appearing for the Case

Carrie B. Marche, Mark D. Fisher, Office of the State Appellate Defender, Ottawa, for Armando Manrique.

Lawrence M. Bauer, Deputy Director, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, Terence M. Patton, State's Attorney, Cambridge, for the People.

Justice McDADE delivered the opinion of the court:

In this case from the circuit court of Henry County, the defendant appeals from the dismissal of a petition for postconviction relief. The petition, which raised a claim of actual innocence, was summarily dismissed by the trial court as successive, untimely, and barred by res judicata. The defendant appeals and argues that it was improper for the trial court to dismiss the petition in the first stage of the...

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