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PEOPLE v. STOFFEL

No. 108500.

941 N.E.2d 147 (2010)

239 Ill.2d 314

The PEOPLE of the State of Illinois, Appellant, v. Jerry A. STOFFEL, Appellee.

Supreme Court of Illinois.

December 23, 2010.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, of Springfield and Stephen Friedel , State's Attorney, of Vandalia ( Michael A. Scodro , Solicitor General and Michael M. Glick , and Katherine D. Saunders , Assistant Attorneys General, of Chicago, and Patrick Delfino , Stephen E. Norris and Sharon Shanahan of the Office of the State's Attorneys Appellate Prosecutor, of Mt. Vernon, of Counsel), for the People.

Michael J. Pelletier , State Appellate Defender, Charles M. Schiedel , Deputy Defender, and Duane E. Schuster , Assistant Appellate Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

The primary issue presented in this case is whether, in light of section 122-1(d) of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1(d) (West 2006)) and this court's decision in People v. Shellstrom, 216 Ill.2d 45, 295 Ill.Dec. 657, 833 N.E.2d 863 (2005...

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