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PEOPLE v. CARRERA

No. 2-08-0206.

915 N.E.2d 755 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jesus CARRERA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 8, 2009.

Attorney(s) appearing for the Case

Alexander M. Salerno, North Riverside, for Jesus Carrera.

Joseph E. Birkett, Du Page County State's Attorney, Lisa Anne Hoffman, Assistant State's Attorney, Wheaton, Lawrence M. Bauer, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Presiding Justice ZENOFF delivered the opinion of the court:

Defendant, Jesus Carrera, appeals from an order of the circuit court of Du Page County granting the State's motion to dismiss his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)). For the reasons that follow, we find that, because defendant had already completed his sentence of probation when he filed his petition, he does not have standing under the Act...

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