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PEOPLE v. MALLOY

No. 3-05-0512.

872 N.E.2d 140 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sean MALLOY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 10, 2007.

Attorney(s) appearing for the Case

Kerry J. Bryson (Court-appointed), Office of the State Appellate Defender, Ottawa, for Sean Malloy.

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

Justice CARTER delivered the opinion of the court:

Defendant, Sean Malloy, pled guilty to first degree murder and was sentenced to 60 years' imprisonment. More than 9 years later, defendant filed a petition for collateral relief. The trial court, characterizing the petition as both a petition for relief from judgment (735 ILCS 5/2-1401 (West 2004)) and a postconviction petition (725 ILCS 5/122-1 (West 2004)), dismissed the petition on its own motion. Defendant appeals...

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