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PEOPLE v. RODRIGUEZ

No. 2-03-0651.

823 N.E.2d 224 (2005)

355 Ill. App.3d 290

291 Ill.Dec. 214

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Cesar RODRIGUEZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 2, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Cesar Rodriguez.

James P. Hursh, Boone County State's Attorney, Belvidere, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Paul Benjamin Linton, Northbrook, for the People.

Justice BYRNE delivered the opinion of the court:

Defendant, Cesar Rodriguez, appeals from an order denying his "Motion to Vacate Judgment of Conviction." Defendant was a minor at the time he committed the offenses involved in this case. However, the court allowed his prosecution under criminal law pursuant to section 5-4(7)(a) of the Juvenile Court Act of 1987(Act) (705 ILCS 405/5-4(7)(a) (West 1992)), a mandatory transfer provision. Under section 5-4(7)(a), that...

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