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PEOPLE v. MENDEZ

No. 2-07-0229.

931 N.E.2d 308 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Efrain J. MENDEZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 9, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, and Barbara R. Paschen (Court-appointed), Office of the State Appellate Defender, Elgin, for Efrain J. Mendez.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Lawrence M. Bauer, Deputy Directors, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Presiding Justice ZENOFF delivered the opinion of the court:

Defendant, Efrain J. Mendez, appeals from an order of the circuit court of Lake County, which summarily dismissed his pro se petition brought under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)). Defendant argues that the trial court erred by dismissing his petition as frivolous and without merit, because his petition stated the gist of a constitutional claim for...

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