Free CCCR 0241 3-05-09.pmd - Illinois

Order Granting Certificate of Innocence IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS CRIMINAL DIVISION The People of the State of Illinois v.

(3/05/09) CCCR 0241

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Defendant/Petitioner

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No.

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ORDER GRANTING CERTIFICATE OF INNOCENCE
This cause comes before the Court on the Defendant/Petitioner's Petition for Certificate of Innocence pursuant to 735 ILCS 5/2-702. The Court being fully advised FINDS by a preponderance of evidence that: 1. The Defendant/Petitioner was convicted of one or more than one felonies by the State of Illinois and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; 2. The Defendant/Petitioner's judgment or conviction was reversed or vacated, and the indictment or information dismissed or, a new trial was ordered and either s/he was found not guilty at the new trial or s/he was not retried and the indictment and information is dismissed; or the statute, or application thereof, on which the indictment or information was based violated the Constitution of the United States or the State of Illinois; After September 22, 2008, the Defendant/Petitioner's indictment or information was dismissed or s/he was acquitted, and Petition was filed within 2 years of the dismissal of the indictment or information or acquittal, or before September 22, 2008, the Defendant/Petitioner's indictment or information was dismissed or s/he was acquitted, and the Petition was filed within 2 years of September 22, 2008; The Defendant/Petitioner is innocent of the offenses charged in the indictment or information, or his/her acts or omissions charged in the indictment or information did not constitute a felony or misdemeanor against the State; and

3.

4.

5. The Defendant/Petitioner did not by his/her own conduct voluntarily cause or bring about his/her conviction. IT IS THEREFORE ORDERED as follows: 1. That the Petition for Certificate of Innocence is GRANTED. 2. That the Clerk of the Circuit Court shall transmit a copy of the certificate of innocence to the Clerk of the Court of Claims, together with the Defendant/Petitioner's current address as indicated on the Petition. ENTERED: Dated:

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Judge Judge's No.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS