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PEOPLE v. LUNA

No. 1-90-0328.

570 N.E.2d 404 (1991)

211 Ill. App.3d 390

155 Ill.Dec. 891

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricardo LUNA, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

March 13, 1991.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, Howard Weisman, Alexandria Buzanis, of counsel), for plaintiff-appellee.

McCarthy, Duffy, Neidhart & Snakard, Chicago (Thomas Moore, Kevin Kulling, John Lydon, of counsel), for defendant-appellant.

Justice WHITE delivered the opinion of the court:

This appeal involves whether the petition for post-conviction relief (Ill.Rev.Stat.1987, ch. 38, par. 122-1 et seq.) of Ricardo Luna (hereinafter defendant), an alien, is sufficient to state a claim based on ineffective assistance of counsel with respect to his plea of guilty to a forgery charge in 1985. The defendant's post-conviction petition and affidavit indicated that the defendant's trial counsel (the...

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