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PEOPLE v. MURRAY

No. 2-03-0255.

813 N.E.2d 1145 (2004)

351 Ill. App.3d 219

286 Ill.Dec. 452

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph J. MURRAY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 30, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Elgin, Charles M. Schiedel, Deputy Defender (Court-appointed), Springfield, Office of the State Appellate Defender, for Joseph J. Murray.

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

Justice KAPALA delivered the opinion of the court:

Defendant, Joseph J. Murray, appeals the dismissal of his petition pursuant to the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-1 et seq. (West 2002)). He contends that the trial court improperly dismissed the petition on the ground of res judicata. We reverse and remand.

After a jury trial, defendant was convicted of escape (720 ILCS 5/ 31-6(c) (West 2000)) and sentenced to 14 years...

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