PEOPLE v. ESCOBEDO

No. 1-05-2229.

878 N.E.2d 767 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel ESCOBEDO, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

October 19, 2007.


Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney, and James Fitzgerald, Peter Fischer, Assistant State's Attorneys, of counsel, Chicago, for Plaintiff-Appellee.

Michael J. Pelletier, Deputy Defender, and Joshua A. Tepfer, Assistant Appellate Defender, Chicago, for Defendant-Appellant.


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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