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  5. 843 N.E.2d 402 (2006)
 

PEOPLE v. VOLKMAR

No. 5-03-0117.

843 N.E.2d 402 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank VOLKMAR, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

January 11, 2006.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Nancy L. Vincent, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

James Creason, State's Attorney, Salem; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, T. David Purcell, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice WELCH delivered the opinion of the court:

We revisit this case on remand from the Illinois Supreme Court, which, upon the denial of a petition for leave to appeal and in the exercise of its supervisory authority, directed us to determine whether the post-conviction petition of the defendant, Frank Volkmar, was dismissed at the first stage or second stage of postconviction proceedings and to address the propriety of that dismissal in light of People v. Blair...

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