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PEOPLE v. RAMIREZ

Nos. 2-05-0583, 2-06-0247.

863 N.E.2d 1141 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Freddie RAMIREZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 13, 2007.

Attorney(s) appearing for the Case

G. Joseph Weller, Thomas A. Lilien, Deputy Defenders, Bruce Kirkham (all Court-appointed), Office of the State Appellate Defender, Elgin, for Freddie Ramirez in No. 2-05-0583.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, David A. Bernhard, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-05-0583.

Thomas A. Lilien, Deputy Defender, Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for Freddie Ramirez in No. 2-06-0247.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, David A. Bernhard, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-06-0247.

Justice BYRNE delivered the opinion of the court:

In this consolidated appeal, defendant, Freddie Ramirez, appeals from the summary dismissal of two pro se postconviction petitions filed pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2004)). Defendant contends that each petition was sufficient to state the gist of a constitutional claim and that the trial court should not have dismissed the petitions at the first stage...

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