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PEOPLE v. SCOTT

No. 1-10-0122.

958 N.E.2d 1046 (2011)

354 Ill. Dec. 850

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark SCOTT, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

September 16, 2011.

Attorney(s) appearing for the Case

Anita Alvarez , Cook County State's Attorney ( Alan J. Spellberg , Mary Needham , Eve Reilly , Assistant State's Attorney, of counsel), for Plaintiff-Appellee.

Michael J. Pelletier , State Appellate Defender, Alan D. Goldberg , Deputy Defender of Cook County ( Rachel M. Kindstrand , Assistant Appellate Defender), for Defendant-Appellant.

OPINION

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

¶ 1 Defendant Mark Scott appeals the first-stage dismissal of his postconviction petition, arguing that the trial court erred in finding the petition to be frivolous and patently without merit because he raised the gist of a meritorious claim of ineffective assistance of trial counsel and appellate counsel. Specifically, defendant contends

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