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PEOPLE v. SPARKS

No. 1-08-0955.

913 N.E.2d 692 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Terrence SPARKS, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

August 14, 2009.

Attorney(s) appearing for the Case

Anita Alvarez, Cook County State's Attorney (James E. Fitzgerald and Peter Fisher, Assistant State's Attorneys, of Counsel), Chicago, IL, for Plainiff-Appellee.

Patricia Unsinn, Deputy Defender of Cook County (Peter Sgro, Assistant Appellate Defender, of counsel), Chicago, IL for Defendant-Appellant.

Justice McBRIDE delivered the opinion of the court:

Defendant, Terrence Sparks, appeals from the first-stage dismissal of his postconviction petition, arguing that the trial court erred in finding the petition to be frivolous and patently without merit because he raised the gist of a meritorious claim. Specifically, defendant asserts that (1) he properly alleged a claim of actual innocence and a violation of Brady v...

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