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PEOPLE v. HARVEY

No. 1-06-1930.

884 N.E.2d 724 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steve HARVEY, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

February 13, 2008.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Robert M. Stephenson, Assistant State Appellate Defender, Office of the State Appellate Defender, Chicago, IL, for Defendant-Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Assistant State's Attorney, Manny Magence, Assistant State's Attorney, Orion N. Artis, Assistant State's Attorney, Chicago, IL, for Plaintiff-Appellee.

Justice THEIS delivered the opinion of the court:

Defendant Steve Harvey appeals from an order of the circuit court granting the State's motion to dismiss his petition for relief from judgment filed pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2004)). In it, defendant asserted that the dismissal of his postconviction petition filed in 1996 under the Postconviction Hearing Act (the Act) (725 ILCS 5/122-1 et seq. (West 1994...

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