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PEOPLE v. CARBALLIDO

No. 2-09-0340.

955 N.E.2d 482 (2011)

353 Ill. Dec. 15

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Juan CARBALLIDO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing August 10, 2011.

Attorney(s) appearing for the Case

Gary R. Peterson , Deputy Defender (Court-appointed), Michael H. Vonnahmen (Court-appointed), Office of the State Appellate Defender, for Juan Carballido.

Michael J. Waller , Lake County State's Attorney, Lawrence M. Bauer , Deputy Director, Sally A. Swiss , State's Attorneys Appellate Prosecutor, for People of the State of Illinois.

OPINION

Presiding Justice JORGENSEN delivered the judgment of the court, with opinion.

¶ 1 Defendant Juan Carballido appeals the trial court's first-stage dismissal of his pro se postconviction petition. 725 ILCS 5/122-1 et seq. (West 2008). For the reasons that follow, we reverse and remand.

¶ 2 I. BACKGROUND

¶ 3 Our background discussion is focused on those facts relevant to defendant's postconviction petition...

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