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PEOPLE v. PACK

No. 102253.

862 N.E.2d 938 (2007)

224 Ill.2d 144

308 Ill.Dec. 735

The PEOPLE of the State of Illinois, Appellee, v. James L. PACK, Appellant.

Supreme Court of Illinois.

January 19, 2007.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Peter A. Carusona, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellant.

Lisa Madigan, Attorney General, Springfield, Stewart Umholtz, State's Attorney, Pekin (Gary Feinerman, Solicitor General, Michael M. Glick, Ira Kohlman, Assistant Attorneys General, Chicago, of counsel), for the People.

Justice BURKE delivered the judgment of the court, with opinion:

The Illinois Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 (West 2004)) requires a petitioner to be "imprisoned in the penitentiary" before a postconviction petition may be filed. In the instant case, defendant James L. Pack was serving the second of two consecutive sentences when he attempted to file a postconviction petition challenging the conviction which led to his first sentence. The circuit...

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