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PEOPLE v. STEWART

Appeal No. 3-16-0408.

118 N.E.3d 1211 (2018)

2018 IL App (3d) 160408

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joe Lee STEWART, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Modified upon denial of rehearing December 12, 2018.

Attorney(s) appearing for the Case

James E. Chadd , Thomas A. Lilien , and Jack Hildebrand , of State Appellate Defender's Office, of Elgin, for appellant.

Jerry Brady , State's Attorney, of Peoria ( Patrick Delfino , David J. Robinson , and Mark A. Austill , of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

¶ 1 Defendant, Joe Lee Stewart, appeals the trial court's order granting the State's motion to dismiss his section 2-1401 petition. Specifically, defendant argues that the court erred in considering the petition as a successive postconviction petition without...

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