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GIBSON v. PEOPLE

No. 2-06-0821.

879 N.E.2d 1059 (2007)

316 Ill.Dec. 671

Willie L. GIBSON, Petitioner-Appellant, v. The PEOPLE of the State of Illinois, Respondent-Appellee.

Appellate Court of Illinois, Second District.

December 21, 2007.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender (Court-appointed), Elgin, for Willie L. Gibson.

Michael J. Waller, Lake County State's Attorney, Waukegan, Lawrence M. Bauer, Deputy Director, Cynthia N. Schneider, State's Attorney Appellate Prosecutor, Elgin, for the People.

Justice HUTCHINSON delivered the opinion of the court:

Petitioner, Willie L. Gibson, appeals the trial court's order summarily dismissing his petition for postconviction relief, pursuant to section 122-2.1(a)(2) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-2.1(a)(2) (West 2004)). Petitioner contends that his petition was improperly dismissed and should have been considered pursuant to sections 122-4 through 122-6 of the Act (725 ILCS 5/122-4 through...

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