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PEOPLE v. FLORES

No. 2-06-0512.

882 N.E.2d 1051 (2008)

378 Ill.App.3d 493

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Benjamin FLORES, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 4, 2008.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, and Mark G. Levine (Court-appointed), Office of the State Appellate Defender, Elgin, for Benjamin Flores.

John A. Barsanti, Kane County State's Attorney, St. Charles, Lawrence M. Bauer, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin for the People.

Justice BOWMAN delivered the opinion of the court:

Benjamin Flores appeals from the dismissal of his petition seeking postconviction relief. His sole contention, raised for the first time on appeal, is that the trial court incorrectly calculated his credit for time spent in custody before sentencing. We determine that Flores may raise the issue on appeal from the dismissal of his postconviction petition. We affirm the dismissal, but because Flores is entitled to ...

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