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PEOPLE v. DANIEL

No. 4-06-0658.

886 N.E.2d 383 (2008)

379 Ill. App.3d 748

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricky E. DANIEL, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

March 11, 2008.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Michelle A. Zalisko, State Appellate Defender's Office, Mt. Vernon, for Appellant.

Jack Ahola, State's Attorney, Decatur (Norbert J. Goetten, Stephen E. Norris, and Kevin D. Sweeney, State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Justice MYERSCOUGH delivered the opinion of the court:

Defendant, Ricky E. Daniel, appeals the trial court's dismissal of his second postconviction petition. Defendant, however, failed to seek leave to file the petition prior to filing his successive petition. Including a request for leave to file a successive postconviction petition within the second postconviction petition does not comport with the statutory requirement that a petitioner seek leave prior to filing...

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