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PEOPLE v. BARNSLATER

No. 1-05-3172.

869 N.E.2d 293 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Wayne BARNSLATER, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied June 5, 2007.

Attorney(s) appearing for the Case

Kathleen T. Zellner, Douglas H. Johnson, Kathleen T. Zellner & Associates, Naperville, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Michele Grimaldi Stein, Brian K. Hodes, Assistant State's Attorneys, Cook County State's Attorneys Office, Chicago, for Appellee.

Justice JOSEPH GORDON delivered the opinion of the court:

Defendant, Wayne Barnslater, appeals from the circuit court's grant of the State's motion to dismiss his postconviction petition at the second stage of postconviction review. On appeal, he contends that he made the necessary substantial showing of a freestanding claim of actual innocence of the aggravated criminal sexual assault to which he pled guilty so as to preclude his petition's dismissal. He further...

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