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PEOPLE v. TOSTADO

No. 5-05-0090.

841 N.E.2d 980 (2005)

362 Ill. App.3d 949

299 Ill.Dec. 248

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tomas TOSTADO, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

August 30, 2005.

Attorney(s) appearing for the Case

Tracy C. Carney, Rosenblum, Schwartz, Rogers & Glass, P.C., St. Louis, MO, for Appellant.

Robert Haida, State's Attorney, St. Clair County, Belleville; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Rebecca E. McCormick, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice HOPKINS delivered the opinion of the court:

The defendant, Tomas Tostado, appeals from the denial of his postconviction petition after an evidentiary hearing. On appeal, he contends that the trial court had jurisdiction to entertain his postconviction petition because he is a person imprisoned in the penitentiary pursuant to the liberal construction given to the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2004)), because deportation...

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