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PEOPLE v. CLEMONS

No. 1-10-2329.

959 N.E.2d 1206 (2011)

355 Ill. Dec. 473

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dwayne CLEMONS, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

September 30, 2011.

Attorney(s) appearing for the Case

Michael J. Pelletier and Kieran M. Wiberg , both of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Mary P. Needham , Stacy D. Weber , of counsel), for the People.

OPINION

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

¶ 1 Defendant, Dwayne Clemons, appeals the denial of his "MOTION FOR SPECIFIC PERFORMANCE OF PLEA AGREEMENT" (petition), which he filed pursuant to section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2010)). Defendant's sole contention on appeal is that the trial court acted prematurely by denying his petition within 30 days of its filing and service...

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