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PEOPLE v. HIGGINBOTHAM

No. 3-04-0827.

859 N.E.2d 634 (2006)

307 Ill.Dec. 345

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Glen R. HIGGINBOTHAM, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 6, 2006.

Attorney(s) appearing for the Case

Thomas A. Lilien and Paul J. Glaser (Court-appointed), Office of the State Appellate Defender, Elgin, for Glen R. Higginbotham.

Lawrence M. Bauer, Deputy Director, Terry A. Mertel, State's Attorneys Appellate Prosecutor, Ottawa, James Glasgow, State's Attorney, Will County State's Attorney, Joliet, for the People.

Presiding Justice SCHMIDT delivered the opinion of the court:

Defendant, Glen Higginbotham, was convicted of reckless homicide as a result of a traffic accident which occurred on May 4, 1999. While incarcerated, defendant filed a document entitled "Petition for Habeas Corpus." The circuit court of Will County dismissed defendant's petition. Defendant appeals, claiming that the trial court erred by treating his petition as if it were filed under the Post-Conviction...

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