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PEOPLE v. DOWNIN

No. 3-08-0852.

914 N.E.2d 1169 (2009)

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Nicholas DOWNIN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 28, 2009.

Attorney(s) appearing for the Case

Anthony W. Vaupel (argued), Barash & Everett, LLC, Galesburg, for Nicholas J. Downin.

Terry A. Mertel, Deputy Director, Thomas D. Arado (argued), State's Attorneys Appellate Prosecutor, Ottawa, Charles R. Zalar, State's Attorneys Appellate Prosecutor, Springfield, John T. Pepmeyer, State's Attorney, Galesburg, for the People.

Justice McDADE delivered the opinion of the court:

Defendant appeals from the dismissal of his postconviction petition without an evidentiary hearing. Defendant argues that the trial court erred in dismissing the petition because it stated grounds for relief under the Illinois Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2002)). We affirm.

FACTS

Following a bench trial, defendant was found guilty of three counts of aggravated...

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