MODIFIED OPINION UPON DENIAL OF PETITION FOR REHEARING
Justice TULLY delivered the opinion of the court:
Following a jury trial, defendant-appellant, Daniel Escobedo, was convicted of murder and sentenced to 40 years in prison. Defendant simultaneously filed both a postconviction petition for relief pursuant to the Postconviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2004)), and a petition for relief from judgment pursuant to section 2-1401...
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