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PEOPLE v. JOHNSON

Nos. 5-05-0461, 5-05-0620.

879 N.E.2d 977 (2007)

316 Ill.Dec. 589

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Corey JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 22, 2008.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, Allen H. Andrews, Assistant Appellate Defender, Office of the State Appellate Defender, Supreme Court Unit, Springfield, IL, for Appellant.

Robert Haida, State's Attorney, St. Clair County, Belleville, IL, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kevin D. Sweeney, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

The defendant, Corey Johnson, appeals the first-stage dismissal of his postconviction petition as frivolous and patently without merit. The postconviction court dismissed the petition on the ground that all the issues raised therein were barred by either res judicata or waiver. On appeal, the defendant contends that (1) his claims were not waived for a failure to raise them on direct appeal because he alleged...

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