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PEOPLE v. PINEDA

No. 2-05-0757.

867 N.E.2d 1267 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rudolpho D. PINEDA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 4, 2007.

Attorney(s) appearing for the Case

G. Joseph Weller, Thomas A. Lilien, Deputy Defenders, Jaime L. Montgomery (all Court-appointed), Office of the State Appellate Defender, Elgin, for Rudolpho D. Pineda.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephanie Hoit Lee, Algonquin, for the People.

Justice BYRNE delivered the opinion of the court:

Defendant, Rudolpho D. Pineda, appeals from the summary dismissal of his postconviction petition. See 725 ILCS 5/122-2. 1(a)(2) (West 2004). In the petition, defendant alleges that his trial counsel was ineffective for failing to introduce evidence that one of the two complaining witnesses had a prior conviction of battery and then failing to argue that the witness's violent character supported the inference that defendant...

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