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PEOPLE v. McDONALD

No. 1-04-0320.

869 N.E.2d 945 (2007)

373 Ill. App.3d 876

311 Ill.Dec. 932

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Harry McDONALD, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

May 29, 2007.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Robert Hirschhorn, Assistant Appellant Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Cook County, Chicago (James E. Fitzgerald, Alan J. Spellberg, Joan F. Frazier, of counsel), for Appellee.

Presiding Justice WOLFSON delivered the opinion of the court:

Defendant Harry McDonald appeals the summary dismissal of his pro se petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2002)). Defendant contends the circuit court erroneously dismissed his petition on the grounds that the petition failed to assert it was filed under section 122-1 of the Act. That is, failed to use the section number. Defendant...

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