Free CCCR 0242 3-24-09.pmd - Illinois

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

(3/24/09) CCCR 0242

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Defendant/Petitioner

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No.

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ORDER DENYING 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: 1. The Defendant/Petitioner was not convicted of one or more than one felony by the State of Illinois and was not subsequently sentenced to a term of imprisonment, or did not serve all or any part of the sentence; The Defendant/Petitioner's judgment or conviction was not reversed or vacated, and the indictment or information was not dismissed or, if a new trial was ordered, s/he was found guilty at the new trial or the indictment and information was not dismissed; or the statute, or application thereof, on which the indictment or information was based did not violate the Constitution of the United States or the State of Illinois; The Defendant/Petitioner's indictment or information was dismissed or s/he was acquitted after September 22, 2008 and the Petition was not filed within 2 years of the dismissal of the indictment or information or acquittal, or The Defendant/Petitioner's indictment or information was dismissed or s/he was acquitted, before September 22, 2008, and the Petition was not filed within 2 years of September 22, 2008; The Defendant/Petitioner failed to comply with the requirements of the statute by attaching to his/her Petition sufficient documentation, as required by 735 ILCS 5/2-702(c)(1-3). The Defendant/Petitioner is not innocent of the offenses charged in the indictment or information, or his/her acts or omissions charged in the indictment or information constituted a felonyor misdemeanor against the State; and/or The Defendant/Petitioner by his/her own conduct voluntarily caused or brought about his/her conviction.

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IT IS THEREFORE ORDERED as follows: 1. That the Petition for Certificate of Innocence is DENIED. ENTERED: Dated:

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Judge Judge's No.

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