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PEOPLE v. CALIENDO

No. 2-07-0121.

910 N.E.2d 598 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James D. CALIENDO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 20, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Bruce Kirkham, Office of the State Appellate Defender, Elgin, for James D. Caliendo.

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

Justice HUTCHINSON delivered the opinion of the court:

Defendant, James D. Caliendo, appeals the dismissal of his petition filed under section 2-1401 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1401 (West 2006)). The trial court summarily dismissed his pleading, citing section 122-2.1(a)(2) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-2.1(a)(2) (West 2006)). Defendant now contends that the trial court committed reversible error when it...

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