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PEOPLE v. EDGESTON

No. 2-07-1195.

920 N.E.2d 467 (2009)

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Ondrea EDGESTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 24, 2009.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Springfield, for Ondrea Edgeston.

Joseph P. Bruscato, Winnebago County State's Attorney, Rockford, Lawrence M. Bauer, Deputy Director, Marshall M. Stevens, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice SCHOSTOK delivered the opinion of the court:

Defendant, Ondrea Edgeston, appeals from an order denying him leave to file a second petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)). Defendant contends that he is entitled to file the petition because (1) he is actually innocent of felony murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(3)); and (2) he can satisfy...

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