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PEOPLE v. DuPREE

No. 2-07-1276.

922 N.E.2d 503 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Maurice DuPREE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 6, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender and Jack Hildebrand (Court Appointed), Office of the State Appellate Defender, Elgin, for Maurice DuPree.

Michael J. Waller, Lake county State's Attorney, Waukegan, Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HUDSON delivered the opinion of the court:

Defendant, Maurice DuPree, appeals the summary dismissal of his petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)) from his conviction by a jury of first-degree murder (720 ILCS 5/9-1(a) (West 1998)). Defendant contends that his petition sets out the gist of meritorious claims that (1) he was denied his constitutional right to be present at the jury instructions...

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